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LRB-4523/1
KP:kjf&ahe
2017 - 2018 LEGISLATURE
October 16, 2017 - Introduced by Representatives Snyder, Mursau and
Pronschinske, cosponsored by Senators Petrowski and Feyen. Referred to
Committee on Jobs and the Economy.
AB536,1,6 1An Act to renumber and amend 97.30 (4); to amend 20.115 (1) (gb), 97.01
2(15p), 97.01 (15s), 97.30 (2) (a), 97.30 (2) (c), 97.30 (3) (a), 97.30 (3) (am), 97.30
3(3) (b), 97.30 (3) (c), 97.30 (3) (d), 97.41 (4) (a) and 97.41 (5); and to create 97.01
4(9m), 97.01 (9q), 97.01 (14g) (i), 97.30 (2) (d), 97.30 (3s), 97.30 (4) (b) and 97.41
5(4) (c) of the statutes; relating to: licensing micro markets and providing an
6exemption from emergency rule procedures.
Analysis by the Legislative Reference Bureau
This bill prescribes that the annual license fee for a retail food establishment
that is a micro market is $40 for one micro market located in a building, or $60 for
two or more micro markets located in the same building. The bill defines a micro
market as an indoor, unstaffed, self-checkout kiosk that sells food and beverages in
an area that is accessible only by a limited group of people, such as employees, and
not the general public. Under current law, a permanent facility from which food is
sold to customers at retail is generally required to hold a retail food establishment
license granted by the Department of Agriculture, Trade and Consumer Protection,
and DATCP has authority to promulgate rules governing the operations of retail food
establishments, including annual license fee amounts. The bill allows a new micro
market to be issued a retail food establishment license before it is inspected, and
requires the new micro market to be inspected within one year of being issued the
license. Also, under the bill, micro markets are not subject to certain fees that
generally apply to retail food establishments, other than the annual license fee.

The bill also requires a location that keeps, handles, prepares, or stores food or
beverages before sale at a micro market to be regulated and licensed by DATCP as
a vending machine commissary.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB536,1 1Section 1. 20.115 (1) (gb) of the statutes is amended to read:
AB536,2,72 20.115 (1) (gb) Food, lodging, and recreation. The amounts in the schedule for
3the regulation of food, lodging, and recreation under chs. 93, 97 and 98. All moneys
4received under ss. 93.06 (1r) and (1w), 93.09, 93.11, 93.12, 97.17, 97.175, 97.20, 97.21,
597.22, 97.24, 97.27, 97.29, 97.30 (3) (a), (b) and (c), 97.30 (3s), 97.41, 97.60 to 97.653,
697.67, 98.145 and 98.146 for the regulation of food, lodging, and recreation shall be
7credited to this appropriation.
AB536,2 8Section 2. 97.01 (9m) of the statutes is created to read:
AB536,2,189 97.01 (9m) “Micro market” means any indoor, unstaffed, self-service area that
10is accessible only to persons authorized by the person in control of the premises and
11not accessible to the general public, where a customer may obtain unit servings of
12food or beverage either in bulk or in package before payment at an automated kiosk
13or by other automated method, without the necessity of replenishing the area
14between each transaction. “Micro market” does not include a vending machine and
15does not include a device which dispenses only bottled, prepackaged, or canned soft
16drinks, a one cent vending device, a device dispensing only candy, gum, nuts, nut
17meats, cookies, or crackers, or a device dispensing only prepackaged Grade A
18pasteurized milk or milk products.
AB536,3 19Section 3. 97.01 (9q) of the statutes is created to read:
AB536,3,2
197.01 (9q) “Micro market operator” means the person maintaining a place of
2business in the state and responsible for the operation of one or more micro markets.
AB536,4 3Section 4. 97.01 (14g) (i) of the statutes is created to read:
AB536,3,44 97.01 (14g) (i) The serving of food or beverage through a licensed micro market.
AB536,5 5Section 5. 97.01 (15p) of the statutes is amended to read:
AB536,3,136 97.01 (15p) “Vending machine" means any self-service device offered for public
7use which, upon insertion of a coin or token, or by other means, dispenses unit
8servings of food or beverage either in bulk or in package, without the necessity of
9replenishing the device between each vending operation. “Vending machine" does
10not include a micro market or a device which dispenses only bottled, prepackaged,
11or canned soft drinks, a one-cent vending device, a vending machine dispensing only
12candy, gum, nuts, nut meats, cookies, or crackers , or a vending machine dispensing
13only prepackaged Grade A pasteurized milk or milk products.
AB536,6 14Section 6. 97.01 (15s) of the statutes is amended to read:
AB536,3,2015 97.01 (15s) “Vending machine commissary" means any building, room or place
16where the food, beverage, ingredients, containers, transport equipment or supplies
17for vending machines or micro markets are kept, handled, prepared or stored by a
18vending machine or micro market operator. “Vending machine commissary" does not
19mean any place at which the operator is licensed to manufacture, distribute or sell
20food products under this chapter.
AB536,7 21Section 7. 97.30 (2) (a) of the statutes is amended to read:
AB536,4,922 97.30 (2) (a) Requirement. Except as provided under par. (b), no person may
23operate a retail food establishment without a valid license issued by the department
24or an agent city or county. Except as provided in par. (am), licenses expire on June
2530 annually, except that a license issued for a new retail food establishment on or

1after March 30 but before July 1 expires on June 30 of the following year. Each retail
2food establishment shall have a separate license. A license is not transferable
3between persons or establishments. Application for a license shall be made on a form
4provided by the department, or by the agent city or county, and be accompanied by
5the applicable fees required under sub. (3) or (3s) or s. 97.41. An application shall
6indicate whether food processing is conducted at the establishment and shall specify
7the nature of any food processing activities. An application shall include other
8information reasonably required by the department, or by the agent city or county,
9for licensing purposes.
AB536,8 10Section 8. 97.30 (2) (c) of the statutes is amended to read:
AB536,4,1711 97.30 (2) (c) Pre-licensing inspection. The Except as provided under par. (d),
12the
department or an agent city or county may not issue a license for a new retail food
13establishment until it inspects the new retail food establishment for compliance with
14this section and rules promulgated under this section. A licensed retail food
15establishment is not considered a new retail food establishment under this
16paragraph solely because of a change in ownership, or solely because of alterations
17in the retail food establishment.
AB536,9 18Section 9. 97.30 (2) (d) of the statutes is created to read:
AB536,5,219 97.30 (2) (d) Initial inspection of micro market. The department or an agent
20city or county may issue a license for a new retail food establishment that is a micro
21market before it inspects the new retail food establishment that is a micro market
22for compliance with this section and rules promulgated under this section. Before
23one year after the date that the department or the agent city or county issues a
24license for a new retail food establishment that is a micro market, it shall inspect the

1new retail food establishment for compliance with this section and rules
2promulgated under this section.
AB536,10 3Section 10. 97.30 (3) (a) of the statutes is amended to read:
AB536,5,154 97.30 (3) (a) License fee. An Except as provided under sub. (3s), an applicant
5for a retail food establishment license shall pay the license fee specified under sub.
6(3m), based on gross receipts from food sales at the retail food establishment during
7the previous license year. If a retail food establishment was not licensed during the
8previous license year, a license applicant shall pay an estimated license fee based on
9projected gross receipts from food sales in the license year for which application is
10made. At the end of the license year for which an estimated fee has been paid, the
11licensee shall submit a report to the department stating the actual gross receipts
12from food sales during the license year. The license fee for that year shall be
13recomputed based on actual gross receipts. If the license fee based on actual gross
14receipts differs from the estimated license fee which was paid, the licensee shall pay
15the balance due or receive a credit from the department on the next year's license fee.
AB536,11 16Section 11. 97.30 (3) (am) of the statutes is amended to read:
AB536,6,617 97.30 (3) (am) Weights and measures inspection fee. An applicant for a retail
18food establishment license shall pay the weights and measures inspection fee
19specified under sub. (3m), based on gross receipts from food sales at the retail food
20establishment during the previous license year. If a retail food establishment was
21not licensed during the previous license year, a license applicant shall pay an
22estimated weights and measures inspection fee based on projected gross receipts
23from food sales in the license year for which application is made. At the end of the
24license year for which an estimated fee has been paid, the licensee shall submit a
25report to the department stating the actual gross receipts from food sales during the

1license year. The weights and measures inspection fee for that year shall be
2recomputed based on actual gross receipts. If the weights and measures inspection
3fee based on actual gross receipts differs from the estimated weights and measures
4inspection fee which was paid, the licensee shall pay the balance due or receive a
5credit from the department on the next year's weights and measures inspection fee.
6This paragraph does not apply to a retail food establishment that is a micro market.
AB536,12 7Section 12. 97.30 (3) (b) of the statutes is amended to read:
AB536,6,168 97.30 (3) (b) Reinspection fee. If the department reinspects a retail food
9establishment because the department finds a violation of this chapter or rules
10promulgated under this chapter, the department shall charge the retail food
11establishment operator the reinspection fee specified under sub. (3m). A
12reinspection fee is payable when the reinspection is completed, and is due upon
13written demand from the department. The department may issue a demand for
14payment when it issues a license renewal application form to the retail food
15establishment operator. This paragraph does not apply to a retail food establishment
16that is a micro market.
AB536,13 17Section 13. 97.30 (3) (c) of the statutes is amended to read:
AB536,7,318 97.30 (3) (c) Surcharge for operating without a license. An applicant for a retail
19food establishment license shall pay a license fee surcharge of $100 or twice the
20amount of the annual license fee specified under sub. (3m) whichever is less, or if the
21applicant operates a micro market a license fee surcharge of $100 or twice the
22amount of the annual license fee specified under sub. (3s) whichever is less,
if the
23department determines that, within one year prior to submitting a license
24application, the applicant operated the retail food establishment without a license
25in violation of this subsection. Payment of this license fee surcharge does not relieve

1the applicant of any other civil or criminal liability which results from the unlicensed
2operation of the retail food establishment, but does not constitute evidence of a
3violation of any law.
AB536,14 4Section 14. 97.30 (3) (d) of the statutes is amended to read:
AB536,7,105 97.30 (3) (d) Licensing contingent on payment of fees. The department may not
6issue or renew a retail food establishment license unless the license applicant pays
7all fees which are due and payable under this subsection and sub. (3m) or (3s), as set
8forth in a statement from the department. The department shall refund a fee paid
9under protest if the department determines that the fee was not due and payable as
10a condition of licensing under this subsection.
AB536,15 11Section 15. 97.30 (3s) of the statutes is created to read:
AB536,7,1412 97.30 (3s) Fees; micro markets. An applicant for a retail food establishment
13license to operate a micro market shall pay one of the following annual license fee
14amounts:
AB536,7,1515 (a) For one micro market located in a building, $40.
AB536,7,1616 (b) For 2 or more micro markets located in the same building, $60.
AB536,16 17Section 16. 97.30 (4) of the statutes is renumbered 97.30 (4) (a) and amended
18to read:
AB536,7,2219 97.30 (4) (a) Subsection (3) does not apply to any retail food establishment
20licensed by an agent city or county under s. 97.41. An Except as provided under par.
21(b), an
applicant for a retail food establishment license issued by an agent city or
22county shall pay fees established by the agent city or county under s. 97.41.
AB536,17 23Section 17. 97.30 (4) (b) of the statutes is created to read:
AB536,8,3
197.30 (4) (b) An applicant for a retail food establishment license to be issued
2by an agent city or county shall pay the fee under sub. (3s) if the application is for
3a micro market.
AB536,18 4Section 18. 97.41 (4) (a) of the statutes is amended to read:
AB536,8,175 97.41 (4) (a) Except as provided in par. (b) or (c), a local health department
6granted agent status under this section shall establish and collect the license fee for
7retail food establishments, as defined in s. 97.30 (1) (c). The local health department
8may establish separate fees for pre-licensing inspections of new establishments, for
9pre-licensing inspections of existing establishments for which a person intends to be
10the new operator or for the issuance of duplicate licenses. No fee may exceed the local
11health department's reasonable costs of issuing licenses to, making investigations
12and inspections of, and providing education, training and technical assistance to the
13establishments, plus the state fee established under sub. (5). A local health
14department which is granted agent status under this section or under s. 97.615 may
15issue a single license and establish and collect a single fee which authorizes the
16operation on the same premises of more than one type of establishment with respect
17to which it is granted agent status under this section or under s. 97.615 (2).
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