reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.57 - Detectives, settlement with employees.

134.57
Detectives, settlement with employees.
Any employer and any person employed to detect dishonesty on the part of employees, or fiduciary agents, on a commission basis or under a contract for a percentage of the amount recovered through or by reason of the detective work done by such person, shall submit the facts of the case and the settlement made with such employee or fiduciary agent to the circuit judge of the county wherein the dishonest act was committed, for approval or further proceedings, and the employee shall be notified of such hearing and shall have a right to be heard. Any such person or employer who shall not so submit the facts and settlement as made to such circuit judge for approval or further proceedings, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than $100 nor more than $500, or imprisoned in the county jail not less than 3 months nor more than one year.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.58 - Use of unauthorized persons as officers.

134.58
Use of unauthorized persons as officers.
Any person who, individually, in concert with another or as agent or officer of any firm, joint-stock company or corporation, uses, employs, aids or assists in employing any body of armed persons to act as militia, police or peace officers for the protection of persons or property or for the suppression of strikes, not being authorized by the laws of this state to so act, is guilty of a Class I felony.
History:  1975 c. 94; 1997 a. 283; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.59 - Felons, burglar alarm installation.

134.59
Felons, burglar alarm installation.
(1)
No person may intentionally hire as a burglar alarm installer a felon who has not been pardoned. Any person engaged in the business of installing burglar alarms may request the department of justice to do a criminal history search on any person whom that person hires or proposes to hire as a burglar alarm installer.
(2)
No person engaged in the business of installing burglar alarms may intentionally allow a felon who has not been pardoned to have access to individual burglar alarm installation records.
(3)
Any person who violates sub. (1) or (2) may be required to forfeit not more than $1,000.
History:  1991 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.60 - Cutting or transportation of evergreens.

134.60
Cutting or transportation of evergreens.
No person may cut for sale in its natural condition and untrimmed, with or without roots, any evergreen or coniferous tree, branch, bough, bush, sapling or shrub, from the lands of another without the written consent of the owner, whether such land is publicly or privately owned. The written consent shall contain the legal description of the land where the tree, branch, bough, bush, sapling or shrub was cut, as well as the name of the legal owner. The written consent or a certified copy of the consent shall be carried by every person in charge of the cutting or removing of the trees, branches, boughs, bushes, saplings or shrubs, and shall be exhibited to any officer of the law, forest ranger, forest patrol officer, conservation warden, or other officer of the department of natural resources at the officer's request at any time. The officer may inspect the trees, branches, boughs, bushes, saplings or shrubs when being transported in any vehicle or other means of conveyance and may investigate to determine whether or not this section has been complied with. The officer may stop any vehicle or means of conveyance found carrying any trees, branches, boughs, bushes, saplings or shrubs upon any public highway of this state for the purpose of making such inspection and investigation, and may seize and hold, subject to the order of the court, any such trees, bushes, saplings or shrubs found being cut, removed or transported in violation of this section. No person may ship or transport any such trees, bushes, saplings or shrubs outside the county where they were cut unless the person attaches to the outside of each package, box, bale, truckload or carload shipped a tag or label on which appears the person's name and address. No common carrier or truck hauler may receive for shipment or transportation any such trees, bushes, saplings or shrubs unless the tag or label is attached. Any person who violates this section shall be fined not less than $10 nor more than $100. Any person who signs any such written consent or certified copy under this section who is not authorized to do so, and any person who lends or transfers or offers to lend or transfer any such written consent or certified copy to another person who is not entitled to use it, and any person not entitled to use any such written consent or certified copy, or who borrows, receives or solicits from another any such written consent or certified copy thereof shall be fined not less than $100 nor more than $500.
History:  1975 c. 365, 366; 1975 c. 394 s. 27; 1975 c. 421; 1979 c. 342; 1981 c. 314.
Cross-reference:  See s. 23.50 concerning enforcement procedure.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.69 - Peddling finger alphabet cards prohibited.

134.69
Peddling finger alphabet cards prohibited.
No person in this state may engage in the business of peddling finger alphabet cards or printed matter stating that the person is deaf, or use finger alphabet cards or such printed matter or masquerade as a deaf person in any way as a means of inducement in the sale of merchandise. No state or local license may be issued to any person for the purpose of peddling finger alphabet cards or printed matter stating that the person is deaf or masquerading as a deaf person. Any person who peddles or uses finger alphabet cards or such printed matter, or masquerades as a deaf person in any way as a means of inducement in the sale of merchandise in this state and any person who issues any state or local license for that purpose may be imprisoned not more than 90 days or fined not less than $25 nor more than $100 or both.
History:  1977 c. 29 s. 1503; Stats. 1977 s. 134.69.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.695 - Antique dealers and recyclers.

134.695
Antique dealers and recyclers.
(1)
In this section:
(a)
“Antique dealer" means a person, other than a nonprofit organization, who is engaged in the business of selling or purchasing used home furnishings.
(am)
“Nonprofit organization" means an organization described in section 501 (c) (3) of the Internal Revenue Code which is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.
(b)
“Recycler" means a person, other than a nonprofit organization, who is engaged in the business of purchasing used home furnishings for the purpose of collecting, separating, processing and selling the material that was used in manufacturing the used home furnishings.
(c)
“Registration plate" means a plate specified under s. 341.12 or under a similar law of another state.
(cm)
“Tribal identification card” means a valid identification card issued by a federally recognized American Indian tribe or band in this state that contains the card holder's photograph, full name, address, and date of birth.
(d)
“Used home furnishings" means windows, siding, piping, radiators, cabinets, bookcases, doors, light fixtures, wood moldings, bathroom fixtures, bannisters, doorknobs, mantels, staircases or other attached items that are removed from a home or other building.
(2)
No antique dealer or recycler may knowingly purchase or receive used home furnishings from a person unless the antique dealer or recycler obtains the person's signature and records all of the following information:
(a)
The person's name and address.
(b)
One of the following identification numbers:
1.
The person's motor vehicle operator's license number.
2.
The person's state identification card number.
3.
The person's military identification card number.
4.
The person's U.S. passport number.
5.
The person's alien registration card number.
6.
The person's tribal identification card number.
(c)
The registration plate numbers and the color, make, model and year of any motor vehicle delivering the used home furnishings to the antique dealer or recycler.
(d)
If known by the person, the address of the home or other building from which the used home furnishings were removed.
(3)
An antique dealer or recycler shall maintain a record of the information provided under sub. (2) for not less than one year after the later of the dates on which the antique dealer or recycler purchases or receives the used home furnishings.
(4)
Any person who violates this section shall forfeit not less than $100 nor more than $1,000 for the first offense and shall forfeit not less than $500 nor more than $3,000 upon conviction for a 2nd or subsequent offense.
History:  1997 a. 76; 2017 a. 226.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.715 - Flea markets; proof of ownership, receipts, returns.

134.715
Flea markets; proof of ownership, receipts, returns.
(1)
Definitions. In this section:
(a)
“Cosmetic" means an article intended to be applied to the human body for cleansing, beautifying, or altering appearance, but does not include soap.
(b)
“Device" has the meaning given in s. 450.01 (6).
(c)
“Drug" has the meaning given in s. 450.01 (10).
(d)
“Infant formula" means a food that is intended for consumption by infants.
(e)
“Proof of ownership" means all of the following information:
1.
The name, address, and telephone number of the person that supplied the merchandise or a representative of the person that supplied the merchandise.
2.
The name and address of the person that received the merchandise from the person who supplied the merchandise.
3.
A description of the product, including the quantity of the product received from the person who supplied the merchandise.
(2)
Proof required.
(a)
A person engaged in the sale of used or new goods at a flea market or at a similar facility may not sell any of the following merchandise, unless the person has proof of ownership of the merchandise:
1.
Baby food of a type usually consumed by children under 3 years of age.
2.
Cosmetics.
3.
Devices.
4.
Drugs.
5.
Infant formula.
6.
Batteries.
7.
Razor blades.
(b)
A person required to have proof of ownership under this section shall make proof of ownership available for inspection by a law enforcement officer at any reasonable time.
(3)
Penalty. A person who violates this section may be fined not more than $500 or imprisoned for not more than 30 days or both.
History:  2011 a. 174.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.72 - Prohibition of certain unsolicited messages by facsimile machine.

134.72
Prohibition of certain unsolicited messages by facsimile machine.
(1)
Definitions. In this section:
(a)
“Facsimile machine" means a machine that transmits copies of documents by means of a telephone line, telegraph line, microwave, satellite, radio wave, fiber optics, coaxial cable or any other transmission facility or any switching device.
(b)
“Facsimile solicitation" means the unsolicited transmission of a document by a facsimile machine for the purpose of encouraging a person to purchase property, goods or services.
(2)
Prohibitions.
(a)
A person may not make a facsimile solicitation without the consent of the person solicited unless all of the following apply:
1.
The document transmitted by facsimile machine does not exceed one page in length and is received by the person solicited after 9 p.m. and before 6 a.m.
2.
The person making the facsimile solicitation has had a previous business relationship with the person solicited.
3.
The document transmitted by facsimile machine contains the name of the person transmitting the document.
(b)
Notwithstanding par. (a), a person may not make a facsimile solicitation to a person who has notified the facsimile solicitor in writing, by telephone, or by facsimile transmission that the person does not want to receive facsimile solicitation.
(c)
A facsimile solicitor who receives notice under par. (b) may not disclose to another the facsimile transmission number of the person who gave the notice under par. (b). Each disclosure of a facsimile transmission number is a separate violation of this paragraph.
(3)
Territorial application.
(a)
Intrastate. This section applies to any intrastate facsimile solicitation.
(b)
Interstate. This section applies to any interstate facsimile solicitation received by a person in this state.
(4)
Penalty. A person who violates this section may be required to forfeit not more than $500.
History:  1977 c. 301; 1989 a. 336; 1995 a. 351; 1997 a. 27; 2001 a. 16; 2005 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.73 - Identification of prisoner making telephone solicitation.

134.73
Identification of prisoner making telephone solicitation.
(1)
Definitions. In this section:
(a)
“Contribution" has the meaning given in s. 202.11 (5).
(b)
“Prisoner" means a prisoner of any public or private correctional or detention facility that is located within or outside this state.
(c)
“Solicit" has the meaning given in s. 202.11 (8).
(d)
“Telephone solicitation" means the unsolicited initiation of a telephone conversation for any of the following purposes:
1.
To encourage a person to purchase property, goods, or services.
2.
To solicit a contribution from a person.
3.
To conduct an opinion poll or survey.
(2)
Requirements. A prisoner who makes a telephone solicitation shall do all of the following immediately after the person called answers the telephone:
(a)
Identify himself or herself by name.
(b)
State that he or she is a prisoner.
(c)
Inform the person called of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located.
(3)
Territorial application.
(a)
Intrastate. This section applies to any intrastate telephone solicitation.
(b)
Interstate. This section applies to any interstate telephone solicitation received by a person in this state.
(4)
Penalties.
(a)
A prisoner who violates this section may be required to forfeit not more than $500.
(b)
If a person who employs a prisoner to engage in telephone solicitation is concerned in the commission of a violation of this section as provided under s. 134.99, the person may be required to forfeit not more than $10,000.
History:  2001 a. 16; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.74 - Nondisclosure of information on receipts.

134.74
Nondisclosure of information on receipts.
(1)
In this section:
(a)
“Credit card" has the meaning given in s. 421.301 (15).
(b)
“Debit card" means a plastic card or similar device that may be used to purchase goods or services by providing the purchaser with direct access to the purchaser's account at a depository institution.
(c)
“Depository institution" means a bank, savings bank, savings and loan association, or credit union.
(2)
Beginning on August 1, 2005, no person who is in the business of selling goods at retail or selling services and who accepts a credit card or a debit card for the purchase of goods or services may issue a credit card or debit card receipt, for that purchase, on which is printed more than 5 digits of the credit card or debit card number.
(3)
This section does not apply to any person who issues a credit card or debit card receipt that is handwritten or that is manually prepared by making an imprint of the credit card or debit card.
History:  2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.77 - Beverage container regulation.

134.77
Beverage container regulation.
(1)
Definitions. In this section:
(a)
“Beverage" means any alcohol beverage, as defined in s. 125.02 (1), malt beverage, tea, bottled drinking water, as defined under s. 97.34 (1) (a), soda water beverage, as defined under s. 97.34 (1) (b), or fruit or vegetable juice or drink which is intended for human consumption.
(b)
“Beverage container" means an individual, separate, sealed plastic or metal container for a beverage.
(2)
Self-opening metal beverage containers.
(a)
No person may sell or offer for sale at retail in this state any metal beverage container so designed and constructed that it is opened by detaching a metal ring or tab.
(b)
Paragraph (a) does not prohibit the sale of a beverage container which:
1.
Is sealed with laminated tape, foil or other soft material that is detachable.
2.
Contains milk-based, soy-based or similar products which require heat and pressure in the canning process.
(3)
Plastic connectors. No person may sell or offer for sale at retail in this state any beverage container if the beverage container is connected to another beverage container by means of a device constructed of a material which does not decompose by photodegradation or biodegradation within a reasonable time after exposure to weather elements.
(4)
Penalty. Any person who violates sub. (2) or (3) shall forfeit not more than $500 for each violation. Each day of violation constitutes a separate offense.
History:  1987 a. 108.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.80 - Home heating fuel dealers.

134.80
Home heating fuel dealers.
Any dealer selling fuel of any kind for the purpose of heating a private residence shall notify each private residential customer whose account is subject to disconnection of the existence of the fuel assistance programs provided by the department of administration under s. 16.27.
History:  1977 c. 418; 1981 c. 20; 1995 a. 27 s. 9126 (19); 1995 a. 417; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.81 - Water heater thermostat settings.

134.81
Water heater thermostat settings.
No person who manufactures water heaters may sell any new water heater designed for use in a dwelling unit, as defined in s. 101.61 (1), unless that person does all of the following:
(1)
Sets the thermostat of the water heater at no higher than 125 degrees Fahrenheit or at the minimum setting of that water heater if the minimum setting is higher than 125 degrees Fahrenheit.
(2)
Attaches a plainly visible notice to the water heater warning that any thermostat setting above 125 degrees Fahrenheit may cause severe burns and consume energy unnecessarily.
History:  1987 a. 102.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.85 - Automated teller machines; international charges.

134.85
Automated teller machines; international charges.
(1)
In this section:
(a)
“Automated teller machine" means any electronic information processing device located in this state that accepts or dispenses cash in connection with a credit, deposit, or other account. “Automated teller machine" does not include a device that is used solely to facilitate check guarantees or check authorizations, or that is used in connection with the acceptance or dispensing of cash on a person-to-person basis.
(b)
“Foreign account" means an account with a financial institution located outside the United States.
(2)
An agreement to operate or share an automated teller machine may not prohibit an owner or operator of the automated teller machine from imposing on an individual who conducts a transaction using a foreign account an access fee or surcharge that is not otherwise prohibited under federal or state law.
History:  2007 a. 48.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.91 - Sale of dextromethorphan to a minor without prescription prohibited.

134.91
Sale of dextromethorphan to a minor without prescription prohibited.
(1)
Definitions. In this section:
(a)
“Drug” has the meaning given in s. 450.01 (10).
(b)
“Prescription order” has the meaning given in s. 450.01 (21).
(2)
Prohibitions.
(a)
No person may sell at retail a drug containing dextromethorphan to a person who is under 18 years of age, unless the sale is pursuant to a prescription order.
(b)
No person may sell at retail a drug containing dextromethorphan unless the person making the sale receives from the purchaser, at the time of purchase, a form of identification from which the age of the purchaser can be determined, or unless based upon the outward appearance of the purchaser the person making the sale reasonably presumes that the purchaser is 25 years of age or older.
(c)
A person who is under 18 years of age may not purchase a drug containing dextromethorphan unless pursuant to a prescription order.
(3)
Penalties.
(a)
A person who violates sub. (2) (a) or (b) is subject to a civil forfeiture of not more than $250 for each violation.
(b)
A person who violates sub. (2) (c) is subject to a civil forfeiture of $50 for each violation.
History:  2017 a. 160; 2021 a. 238 s. 45.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.95 - Violations against elderly or disabled persons.

134.95
Violations against elderly or disabled persons.
(1)
Definitions. In this section:
(a)
“Disabled person" means a person who has an impairment of a physical, mental or emotional nature that substantially limits at least one major life activity.
(b)
“Elderly person" means a person who is at least 62 years of age.
(c)
“Major life activity" means self-care, walking, seeing, hearing, speaking, breathing, learning, performing manual tasks or being able to be gainfully employed.
(2)
Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under s. 100.171, 100.173, 100.174, 100.175, 100.177, 134.71, 134.72, 134.73, or 134.87 or ch. 136 or a rule promulgated under these sections or that chapter, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the fine or forfeiture was imposed, was perpetrated against an elderly person or disabled person and if any of the factors under s. 100.264 (2) (a), (b), or (c) is present.
(3)
Priority for restitution. If the court orders restitution under s. 100.171 (8), 100.173 (4) (a), 100.174 (7), 100.175 (7), 100.177 (15) or 134.87 (6) for a pecuniary or monetary loss suffered by a person, the court shall require that the restitution be paid by the defendant before the defendant pays any forfeiture imposed under this section.
History:  1995 a. 382; 1997 a. 111; 2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.96 - Use of lodging establishments.

134.96
Use of lodging establishments.
(1)
In this section:
(a)
“Alcohol beverages" has the meaning given in s. 125.02 (1).
(b)
“Controlled substance" has the meaning given in s. 961.01 (4).
(bd)
“Controlled substance analog" has the meaning given in s. 961.01 (4m).
(c)
“Lodging establishment" has the meaning given in s. 106.52 (1) (d).
(d)
“Underage person" has the meaning given in s. 125.02 (20m).
(2)
Any person who procures lodging in a lodging establishment and permits or fails to take action to prevent any of the following activities from occurring in the lodging establishment is subject to the penalties provided in sub. (5):
(a)
Consumption of an alcohol beverage by any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
(b)
Illegal use of a controlled substance or controlled substance analog.
(3)
An owner or employee of a lodging establishment may deny lodging to an adult if the owner or employee reasonably believes that consumption of an alcohol beverage by an underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, or illegal use of a controlled substance or controlled substance analog, may occur in the area of the lodging establishment procured.
(4)
An owner or employee of a lodging establishment may require a cash deposit or use of a credit card at the time of application for lodging.
(5)
A person who violates sub. (2) or a local ordinance which strictly conforms to sub. (2) shall forfeit:
(a)
Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or
(b)
Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.
History:  1989 a. 94; 1991 a. 295; 1995 a. 27, 448; 1999 a. 82; 2005 a. 155 s. 41; Stats. 2005 s. 134.96.
2023 Wisconsin Statutes & Annotations › Chapter 134 - Miscellaneous trade regulations. › 134.99 - Parties to a violation.

134.99
Parties to a violation.
(1)
Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
(2)
A person is concerned in the commission of the violation if the person:
(a)
Directly commits the violation;
(b)
Aids and abets the commission of it; or
(c)
Is a party to a conspiracy with another to commit it or advises, hires or counsels or otherwise procures another to commit it.
History:  1975 c. 365; 1979 c. 62; 1997 a. 111.
2023 Wisconsin Statutes & Annotations › Chapter 135 - Dealership practices. › 135.01 - Short title.

135.01
Short title.
This chapter may be cited as the “Wisconsin Fair Dealership Law."
History:  1973 c. 179; 2021 a. 238 s. 45.
This chapter was enacted for the protection of the interests of the dealer whose economic livelihood may be imperiled by the dealership grantor, whatever its size. Rossow Oil Co. v. Heiman, 72 Wis. 2d 696, 242 N.W.2d 176 (1976).
This chapter covers only agreements entered into after April 5, 1974. Wipperfurth v. U-Haul Co. of Western Wis., Inc., 101 Wis. 2d 586, 304 N.W.2d 767 (1981).
This chapter is constitutional; it may be applied to out-of-state dealers when provided by contract. C.A. Marine Sup. Co. v. Brunswick Corp., 557 F.2d 1163. See also Boatland, Inc. v. Brunswick Corp. 558 F.2d 818.
When a dealer did not comply with all the terms of acceptance of a dealership agreement, no contract was formed and this chapter did not apply. Century Hardware Corp. v. Acme United Corp., 467 F. Supp. 350 (1979).
Dealing with the Dealers: Scope of the Wisconsin Fair Dealership Law. Axe. WBB Aug. 1981.
The Fair Dealership Law: Good cause for review. Riteris & Robertson. WBB Mar. 1986.
Changing Business Strategy Under the Wisconsin Fair Dealership Law. Laufer. Wis. Law. Mar. 1991.
Avoiding the Accidental Franchise. Modell & Fittante. Wis. Law. May 2003.
Determining “Community of Interest" under the WFDL. Wright. Wis. Law. Dec. 2004.
Understanding the Wisconsin Fair Dealership Law in Tough Economic Times. Wright. Wis. Law. Nov. 2009.
2023 Wisconsin Statutes & Annotations › Chapter 135 - Dealership practices. › 135.025 - Purposes; rules of construction; variation by contract.

135.025
Purposes; rules of construction; variation by contract.
(1)
This chapter shall be liberally construed and applied to promote its underlying remedial purposes and policies.
(2)
The underlying purposes and policies of this chapter are:
(a)
To promote the compelling interest of the public in fair business relations between dealers and grantors, and in the continuation of dealerships on a fair basis;
(b)
To protect dealers against unfair treatment by grantors, who inherently have superior economic power and superior bargaining power in the negotiation of dealerships;
(c)
To provide dealers with rights and remedies in addition to those existing by contract or common law;
(d)
To govern all dealerships, including any renewals or amendments, to the full extent consistent with the constitutions of this state and the United States.
(3)
The effect of this chapter may not be varied by contract or agreement. Any contract or agreement purporting to do so is void and unenforceable to that extent only.
History:  1977 c. 171.
The choice of law clause in a dealership agreement was unenforceable. Bush v. National School Studios, 139 Wis. 2d 635, 407 N.W.2d 883 (1987).
Federal law required the enforcement of an arbitration clause even though that clause did not provide the relief guaranteed by this chapter, contrary to this section and s. 135.05. Madison Beauty Supply v. Helene Curtis, 167 Wis. 2d 237, 481 N.W.2d 644 (Ct. App. 1992).
A forum-selection clause in a dealership agreement was not freely bargained for and was rendered ineffective under sub. (2) (b). Cutter v. Scott & Fetzer Co., 510 F. Supp. 905 (1981).
The relinquishment of territory and the signing of a guaranty agreement were changes insufficient to bring a relationship under this law. Rochester v. Royal Appliance Mfg. Co., 569 F. Supp. 736 (1983).
2023 Wisconsin Statutes & Annotations › Chapter 135 - Dealership practices. › 135.04 - Notice of termination or change in dealership.

135.04
Notice of termination or change in dealership.
Except as provided in this section, a grantor shall provide a dealer at least 90 days' prior written notice of termination, cancellation, nonrenewal or substantial change in competitive circumstances. The notice shall state all the reasons for termination, cancellation, nonrenewal or substantial change in competitive circumstances and shall provide that the dealer has 60 days in which to rectify any claimed deficiency. If the deficiency is rectified within 60 days the notice shall be void. The notice provisions of this section shall not apply if the reason for termination, cancellation or nonrenewal is insolvency, the occurrence of an assignment for the benefit of creditors or bankruptcy. If the reason for termination, cancellation, nonrenewal or substantial change in competitive circumstances is nonpayment of sums due under the dealership, the dealer shall be entitled to written notice of such default, and shall have 10 days in which to remedy such default from the date of delivery or posting of such notice.
History:  1973 c. 179.
A grantor must give a 90-day notice when termination is for nonpayment of sums due. White Hen Pantry v. Buttke, 100 Wis. 2d 169, 301 N.W.2d 216 (1981).
The notice requirement of this section applies to substantial changes of circumstances of a dealership, not a dealership agreement. Actions that substantially change competitive circumstances and that are controlled by the grantor or are allowed by the dealership agreement require the statutory notice. Jungbluth v. Hometown, Inc., 201 Wis. 2d 320, 548 N.W.2d 519 (1996), 94-1523.
Steps that the grantor requires the dealer to take in order to rectify a deficiency must be reasonable. Al Bishop Agency, Inc. v. Lithonia, 474 F. Supp. 828 (1979).
The notice requirement does not impermissibly burden interstate commerce. Designs in Medicine, Inc. v. Xomed, Inc., 522 F. Supp. 1054 (1981).
Remedies for termination should be available only for unequivocal terminations of the entire relationship. Meyer v. Kero-Sun, Inc., 570 F. Supp. 402 (1983).
The insolvency exception to the notice requirement did not apply to insolvency that was not known to the grantor at the time of termination. Bruno Wine & Spirits v. Guimarra Vineyards, 573 F. Supp. 337 (1983).
Assignment of a second distributor in Wisconsin did not breach the agreement or cause a substantial change in the competitive circumstances of the nonexclusive dealership agreement in violation of s. 135.03. However, the defendant's assignment of a second distributorship was a violation of this section because it caused a substantial change in the competitive circumstances of the plaintiff's truck blower distributorship and the defendant failed to provide the plaintiff with 90 days' written notice. Wisconsin Compressed Air Corp. v. Gardner Denver, Inc., 571 F. Supp. 2d 992 (2008).
2023 Wisconsin Statutes & Annotations › Chapter 135 - Dealership practices. › 135.045 - Repurchase of inventories.

135.045
Repurchase of inventories.
If a dealership is terminated by the grantor, the grantor, at the option of the dealer, shall repurchase all inventories sold by the grantor to the dealer for resale under the dealership agreement at the fair wholesale market value. This section applies only to merchandise with a name, trademark, label or other mark on it which identifies the grantor.
History:  1977 c. 171.
“Fair wholesale market value" means wholesale price. Roedel-Hanson and Associates, Inc. v. Environamics, Corp., 242 F. Supp. 2d 582 (2003).
2023 Wisconsin Statutes & Annotations › Chapter 135 - Dealership practices. › 135.05 - Application to arbitration agreements.

135.05
Application to arbitration agreements.
This chapter shall not apply to provisions for the binding arbitration of disputes contained in a dealership agreement concerning the items covered in s. 135.03, if the criteria for determining whether good cause existed for a termination, cancellation, nonrenewal or substantial change of competitive circumstances, and the relief provided is no less than that provided for in this chapter.
History:  1973 c. 179.
Federal law required enforcement of an arbitration clause even though that clause did not provide the relief guaranteed by this chapter, contrary to this section and s. 135.025. Madison Beauty Supply v. Helene Curtis, 167 Wis. 2d 237, 481 N.W.2d 644 (Ct. App. 1992).
2023 Wisconsin Statutes & Annotations › Chapter 135 - Dealership practices. › 135.06 - Action for damages and injunctive relief.

135.06
Action for damages and injunctive relief.
If any grantor violates this chapter, a dealer may bring an action against such grantor in any court of competent jurisdiction for damages sustained by the dealer as a consequence of the grantor's violation, together with the actual costs of the action, including reasonable actual attorney fees, and the dealer also may be granted injunctive relief against unlawful termination, cancellation, nonrenewal or substantial change of competitive circumstances.
History:  1973 c. 179; 1993 a. 482.
In an action for termination of a dealership upon written notice not complying with this chapter and without good cause, the statute of limitations started running upon receipt of the termination notice. Les Moise, Inc. v. Rossignol Ski Co., Inc., 122 Wis. 2d 51, 361 N.W.2d 653 (1985).
The term “actual costs of the action" includes appellate attorney fees. Siegel v. Leer, Inc., 156 Wis. 2d 621, 457 N.W.2d 533 (Ct. App. 1990).
The measure of damages is discussed. C.A. May Marine Supply Co. v. Brunswick Corp., 649 F.2d 1049 (1981).
A cause of action accrued when a defective notice under s. 135.04 was given, not when the dealership was actually terminated. Hammil v. Rickel Mfg. Corp., 719 F.2d 252 (1983).
This section does not restrict recovery of damages with respect to inventory on hand at the time of termination to “fair wholesale market value." Kealey Pharmacy v. Walgreen Co., 761 F.2d 345 (1985).
Accountant fees were properly included under this section. Bright v. Land O' Lakes, Inc., 844 F.2d 436 (1988).
There is no presumption in favor of injunctive relief and against damages for lost future profits. Frieburg Farm Equip. v. Van Dale, Inc., 978 F.2d 395 (1992).
An arbitration award that did not award attorney fees was enforceable. Parties may agree to bear their own legal expenses when resolving differences; what the parties may do, an arbitrator as their mutual agent may also do. George Watts & Son, Inc. v. Tiffany & Co., 248 F.3d 577 (2001).
The determination of damages and attorney fees is discussed. Esch v. Yazoo Manufacturing Co., 510 F. Supp. 53 (1981).
Punitive damages are not available in what is essentially an action for breach of contract. White Hen Pantry, Div. Jewel Companies v. Johnson, 599 F. Supp. 718 (1984).
2023 Wisconsin Statutes & Annotations › Chapter 135 - Dealership practices. › 135.065 - Temporary injunctions.

135.065
Temporary injunctions.
In any action brought by a dealer against a grantor under this chapter, any violation of this chapter by the grantor is deemed an irreparable injury to the dealer for determining if a temporary injunction should be issued.
History:  1977 c. 171.
Four factors considered in granting preliminary injunction are discussed. The loss of good will constituted irreparable harm. Reinders Bros. v. Rain Bird Eastern Sales Corp., 627 F.2d 44 (1980).
The court did not abuse its discretion in granting a preliminary injunction notwithstanding the arguable likelihood that the defendant would ultimately prevail at trial. Menominee Rubber Co. v. Gould, Inc., 657 F.2d 164 (1981).
Although the plaintiff showed irreparable harm, the failure to show a reasonable likelihood of success on the merits precluded a preliminary injunction. Milwaukee Rentals, Inc. v. Budget Rent A Car Corp., 496 F. Supp. 253 (1980).
A presumption of irreparable harm exists in favor of a dealer when a violation is shown. For the presumption to apply, a dealership relationship must be shown to exist. Price Engineering Co., Inc. v. Vickes, Inc., 774 F. Supp. 1160 (1991).
If a plaintiff establishes the likelihood of a violation of this chapter, the statute creates a rebuttable of irreparable harm. The effect of the statute is to transfer from the plaintiff to the defendant the burden of going forward with evidence on the question of irreparable injury. If neither party presents evidence on the issue, the rebuttable presumption created by the statute requires a finding in favor of the dealer. If, however, the grantor presents evidence of the absence of irreparable injury, the presumption is no longer relevant, and the dealer must come forward with evidence negating the grantor's evidence. S&S Sales Corp. v. Marvin Lumber & Cedar Co., 435 F. Supp. 2d 879 (2006).
2023 Wisconsin Statutes & Annotations › Chapter 135 - Dealership practices. › 135.066 - Intoxicating liquor dealerships.

135.066
Intoxicating liquor dealerships.
(1)
Legislative findings. The legislature finds that a balanced and healthy 3-tier system for distributing intoxicating liquor is in the best interest of this state and its citizens; that the 3-tier system for distributing intoxicating liquor has existed since the 1930's; that a balanced and healthy 3-tier system ensures a level system between the manufacturer and wholesale tiers; that a wholesale tier consisting of numerous healthy competitors is necessary for a balanced and healthy 3-tier system; that the number of intoxicating liquor wholesalers in this state is in significant decline; that this decline threatens the health and stability of the wholesale tier; that the regulation of all intoxicating liquor dealerships, regardless of when they were entered into, is necessary to promote and maintain a wholesale tier consisting of numerous healthy competitors; and that the maintenance and promotion of the 3-tier system will promote the public health, safety and welfare. The legislature further finds that a stable and healthy wholesale tier provides an efficient and effective means for tax collection. The legislature further finds that dealerships between intoxicating liquor wholesalers and manufacturers have been subject to state regulation since the enactment of the 21st Amendment to the U.S. Constitution and that the parties to those dealerships expect changes to state legislation regarding those dealerships.
(2)
Definition. “Intoxicating liquor" has the meaning given in s. 125.02 (8) minus wine.
(5)
Nonapplicability. This section does not apply to any of the following dealerships:
(a)
Dealerships in which a grantor, including any affiliate, division or subsidiary of the grantor, has never produced more than 200,000 gallons of intoxicating liquor in any year.
(b)
Dealerships in which the dealer's net revenues from the sale of all of the grantor's brands of intoxicating liquor constitute less than 5 percent of the dealer's total net revenues from the sale of intoxicating liquor during the dealer's most recent fiscal year preceding a grantor's cancellation or alteration of a dealership.
(6)
Severability. The provisions of this section are severable as provided in s. 990.001 (11).
History:  1999 a. 9; 2021 a. 238 ss. 44, 45.
A wine grantor-dealer relationship is not included within the definition of a dealership in s. 135.02 (3) (b). Sub. (2) provides the operative definition of intoxicating liquor for purposes of this chapter, and that definition explicitly excludes wine. Winebow, Inc. v. Capitol-Husting Co., Inc., 2018 WI 60, 381 Wis. 2d 732, 914 N.W.2d 631, 17-1595.
2023 Wisconsin Statutes & Annotations › Chapter 135 - Dealership practices. › 135.07 - Nonapplicability.

135.07
Nonapplicability.
This chapter does not apply:
(1)
To a dealership to which a motor vehicle dealer or motor vehicle distributor or wholesaler as defined in s. 218.0101 is a party in such capacity.
(2)
To the insurance business.
(3)
Where goods or services are marketed by a dealership on a door to door basis.
History:  1973 c. 179; 1975 c. 371; 1999 a. 31.
When a “dealer" under this chapter is also a “franchisee" under ch. 553, the commissioner of securities may deny, suspend, or revoke the franchisor's registration or revoke its exemption if the franchisor has contracted to violate or avoid the provisions of this chapter. This chapter expresses public policy and its provisions may not be waived. 66 Atty. Gen. 11.
2023 Wisconsin Statutes & Annotations › Chapter 136 - Future service plans. › 136.001 - Application.

136.001
Application.
(1)
No statute or administrative rule in effect on July 1, 1976 is preempted or superseded by this chapter unless directly in conflict with this chapter.
(2)
This chapter does not preempt the administration or enforcement of ch. 100. Conduct proscribed by this chapter may also constitute violations of s. 100.18 or 100.20, or administrative rules adopted under such sections.
(3)
This chapter applies to all future service contracts solicited, or offered by a contractor, or accepted or signed by a customer, in this state except those that meet all of the following requirements:
(a)
Give the customer the right to cancel the future service contract within at least the first 30 days of the future service contract.
(b)
Require the contractor to refund all customer fees, all money received for services not provided to the customer and all money received for goods returned to the contractor other than shipping, handling or trial period fees not exceeding a total of $10 if the customer cancels the future service contract within the cancellation period permitted under the future service contract.
(c)
Impose a customer fee of not more than $75 for a 12-month period.
History:  1975 c. 209; 1991 a. 269.
2023 Wisconsin Statutes & Annotations › Chapter 136 - Future service plans. › 136.03 - Duties of the department of agriculture, trade and consumer protection.

136.03
Duties of the department of agriculture, trade and consumer protection.
(1)
The department of agriculture, trade and consumer protection shall investigate violations of this chapter and of rules and orders issued under s. 136.04. The department may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12. The department may in behalf of the state:
(a)
Bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this chapter or rule or order issued under s. 136.04. The court may in its discretion, prior to entry of final judgment, award restitution to any person suffering loss because of violations of this chapter or orders issued under s. 136.04 if proof of such loss is submitted to the satisfaction of the court.
(b)
Bring an action in any court of competent jurisdiction for the recovery of civil forfeitures against any person who violates this chapter or any rule or order issued pursuant to s. 136.04, in an amount not less than $100 nor more than $10,000 for each violation.
(2)
In addition to the remedies otherwise provided by law, any person injured by a violation of this chapter or any rule or order issued pursuant to s. 136.04 may bring a civil action for damages pursuant to s. 100.20 (5). Any person injured by breach of any future service contract 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.
History:  1975 c. 209; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 136 - Future service plans. › 136.04 - Powers of the department of agriculture, trade and consumer protection.

136.04
Powers of the department of agriculture, trade and consumer protection.
(1)
The department of agriculture, trade and consumer protection may adopt such rules as may be required to carry out the purposes of this chapter.
(2)
The department of agriculture, trade and consumer protection after public hearing may issue general or special orders to carry out the purposes of this chapter and to determine and prohibit unfair trade practices in business or unfair methods of competition in business pursuant to s. 100.20 (2) to (4).
History:  1975 c. 209; 1977 c. 29 s. 1650m (4).
2023 Wisconsin Statutes & Annotations › Chapter 136 - Future service plans. › 136.05 - Delivery.

136.05
Delivery.
Any goods ordered for purchase or videotape ordered for rental by a customer pursuant to a future service contract shall be delivered to the customer within 3 months after being ordered, or within 15 days of the time specified on the order, whichever is later. If the videotape or goods are not delivered in a timely manner, the customer's down payment, if any, shall be refunded within 3 business days of written demand. The right of a customer to demand a refund in the event that the delivery date is not met and the right to specify a delivery date shall be conspicuously disclosed on each order form. An extra copy of the order form shall be provided to the customer at the time of ordering.
History:  1975 c. 209; 1985 a. 324; 2001 a. 107.