Wisconsin Legislature: ATCP 16.04(3)(d)4.

(d) Operate a dog breeding facility.

(e) Operate as a dog dealer.

(f) Operate as an out-of-state dog dealer.

(2) License expiration. An annual license under sub. (1) expires on September 30.License not transferable.

(3) A license under sub. (1) is not transferable between persons or locations.

Note: Because a license is not transferable between locations, a licensed entity that moves to a new location must apply for a new license prior to operating under sub. (1) at the new location.

(4) License displayed.

(a) A license holder under sub. (1) shall post a copy of the license at each location, identified in the license application under s. ATCP 16.06, at which the license holder keeps dogs pursuant to the license. The license holder shall post the license copy in a prominent place that is readily visible to persons entering that location.

(5) License number included in advertisement. A license holder under sub. (1) who advertises to sell dogs in this state shall include that person’s license number in each advertisement.

History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; CR 18-032: am. (1) (intro.) Register October 2019 No. 766, eff. 11-1-19.

ATCP 16.04 Persons exempt from licensing. The following persons are exempt from licensing under s. ATCP 16.02 (1), to the extent that they are engaged only in the following activities:

(1) Veterinarian. A veterinarian who keeps dogs for the purpose of providing care or treatment in the normal course of veterinary practice, within the scope of the veterinarian’s license under ch. 89, Stats.

(2) Person conducting one-time sale of his or her dogs. A person who sells his or her dogs at a one-time liquidation sale if all of the following apply:

(a) The person notifies the department of the proposed liquidation sale at least 30 days prior to the start of the sale. The notice shall identify the number of dogs that the person will offer for sale, the location at which the person keeps those dogs, and the starting date of the sale.

(b) The person, at the start of the liquidation sale and throughout the sale, offers to sell all of the dogs that the person owns and keeps at the location identified under par. (a).

(c) The person owns and keeps, at the location identified under par. (a), no more than 30 dogs at the start of the liquidation sale or at any time during the liquidation sale.

(d) The person does not move any other dogs to the location identified under par. (a) during the liquidation sale.

(e) The person does not permit other persons to sell their dogs from the location identified under par. (a) during the liquidation sale.

(f) The person was not licensed under s. ATCP 16.02 (1) during the preceding license year, and did not conduct a sale under this subsection during the preceding license year.

(g) The person does not engage in activities for which a license is required under s. ATCP 16.02 (1) in the next year.

(3) Operator of temporary dog market. The operator of a temporary dog market if the operator does all of the following:

(a) Gives the department written notice of the temporary dog market, at least 10 days prior to the start of the market. The notice shall include the location of the market, the beginning and ending dates of the market, and the approximate number of sellers who may bring dogs to the market.

(b) Provides adequate facilities for, and takes reasonable steps to ensure, humane treatment of all dogs kept at the market.

(c) Arranges for a Wisconsin certified veterinarian to examine all dogs kept at the market on each day of market operations, if the market operates for 2 or more consecutive days.

(d) Obtains all of the following information from each person who brings one or more dogs to the market, before the dogs enter the market premises:

1. The person’s name and address.

2. The number of the person’s license under s. ATCP 16.02 (1), if any.

3. The number of dogs that the person brings to the market.

4. A description of each dog that the person brings to the market, including the dog’s breed or type, sex, date of birth, or approximate age, color, and any distinctive markings. If the person brings a dog on behalf of another person, or brings a dog that the person has purchased from another person, the description shall indicate that fact and shall include the name and address of that other person.

5. Documentation showing that each dog that the person brings to the market has received a rabies vaccination if required under s. 95.21 (2), Stats., and, if the dog has been imported into this state, has been imported in compliance with s. ATCP 10.80.

(e) Keeps the information required under par. (d) for at least 5 years, and makes that information available to the department for inspection and copying upon request.

(f) Allows the department to inspect the temporary dog market during market hours.

Note: A person may obtain a one-time liquidation sale or temporary dog market form by calling (608) 224-4872, by visiting the department website at https://www.datcp.wi.gov or by writing to the following address:

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Animal Health

P.O. Box 8911

Madison, WI 53708-8911

History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register October 2015 No. 718; CR 18-032: am. (1), cr. (2) (g) Register October 2019 No. 766, eff. 11-1-19.

ATCP 16.06 Applying for a license. A person shall apply for a license under s. ATCP 16.02 (1) on a form provided by the department. The application shall include all of the following:

(1) The applicant’s legal name and any business names under which the applicant may engage in an activity for which the license is required.

(2) The applicant’s principal business address.

(3) The address of each location, other than the residence of a home custody service provider under s. ATCP 16.14 (2), at which the applicant may keep dogs in this state pursuant to the license. If an identified location is an animal control facility, animal shelter or dog breeding facility, the application shall disclose that fact.

(4) A statement indicating whether, in connection with the applicant’s licensed operation, the applicant may consign any dogs to individuals for home custody under s. ATCP 16.14 (2).

(5) An identification of each activity under s. ATCP 16.02 (1) (a) to (f) in which the applicant may engage.

(6) The total number of dogs that the applicant sold during the preceding license year from all locations identified under sub. (3) other than from animal control facilities and animal shelters. If the applicant did not sell any dogs from those locations during the preceding license year, the applicant shall report the total number of dogs that the applicant expects to sell from those locations during the license year for which application is made.

(7) All license fees and surcharges required under s. ATCP 16.08.

(8) If the applicant applies to be licensed as an out-of-state dog dealer, copies of all of the following:

(a) Any dog seller’s license that the person is required to hold in the state from which that person operates in this state as an out-of-state dog dealer.

(b) Any dog seller’s license that the person is required to hold under federal law.

Note: A person may obtain a license by calling (608) 224-4872, by visiting the department website at https://www.datcp.wi.gov or by writing to the following address:

Wisconsin Department of Agriculture, Trade and Consumer Protection

Division of Animal Health

P.O. Box 8911

Madison, WI 53708-8911

History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; corrections in (3) and (4) made under s. 13.92 (4) (b) 7., Stats., Register May 2011 No. 665.

ATCP 16.08 License fees and surcharges. A license application under s. ATCP 16.06 shall include all of the following nonrefundable fees and surcharges, as applicable:

(1) A license fee of $250 for each animal shelter or animal control facility that the applicant may operate during the license year. If the applicant operates a combined animal shelter and animal control facility at the same location, the $250 fee for that location covers the combined operations.

(2) The following fee based on the number of dog sales reported under s. ATCP 16.06 (6):

(a) $550 if the number is at least 25 but less than 50.

(b) $1,100 if the number is at least 50 but less than 100.

(d) $2,200 if the number is at least 250.

Note: The fee under sub. (2) is based on the total number of dogs sold by the applicant, regardless of the number of locations from which the applicant makes those sales.

(3) If the applicant is an out-of-state dog seller, a fee that is 150 percent of the fee calculated under sub. (2).

(4) A late renewal surcharge equal to 20 percent of all applicable license fees required under subs. (1) to (3) if the applicant seeks to renew a license after that license has expired.

(5) A surcharge equal to the total of all applicable license fees required under subs. (1) to (3) if the department determines that any of the following apply:

(a) Within 365 days prior to submitting the license application, the applicant operated without a license required under s. ATCP 16.02 (1).

(b) The applicant knowingly misrepresented information in the applicant’s license application for the preceding license year, in order to avoid payment of any required license fees.

Note: A surcharge payment under sub. (5) does not relieve the applicant of any other penalties or liabilities that the applicant may incur as a result of any act or omission under sub. (5), but does not constitute evidence of a law violation.

(6) Any unpaid reinspection fee properly charged under s. ATCP 16.12 (6).

History: CR 10-100: cr. Register May 2011 No. 665, eff. 6-1-11; CR 18-032: am. (4), (5) (intro.) Register October 2019 No. 766, eff. 11-1-19; CR 21-061: am. (1), (2) (a) to (d) Register May 2022 No. 797, eff. 6-1-22.

ATCP 16.10 Issuing or withdrawing a license.

(1) Timely action on license application. The department shall grant or deny a license application under s. ATCP 16.06 within 30 business days after all of the following have occurred:

(a) The department has received a complete application, including all required fees and surcharges.

(b) The department has completed any pre-license inspection required under s. ATCP 16.12 (2).

(2) Denying, suspending or revoking a license.

(a) The department may deny a license application under s. ATCP 16.06 or suspend or revoke a license issued under s. ATCP 16.02 (1) if the applicant or license holder fails to comply with applicable licensing requirements; is not fit, qualified or equipped to conduct the activity for which the license is required; has violated or failed to obey a relevant law, order, or regulation; or has misrepresented or failed to disclose any material fact in a license application.

(b) Whenever the department denies, suspends, or revokes a license under par. (a), the department shall give the applicant or license holder a written notice that does all of the following:

1. Specifies the reasons for the denial, suspension, or revocation.

2. Notifies the applicant or license holder that he or she may request a hearing on the denial, suspension, or revocation by filing a written request with the department within 10 days after receiving the notice. The department shall promptly consider the hearing request, following the procedures set forth in ch. ATCP 1.

(3) Conditional license. The department may issue a license under s. ATCP 16.02 (1) on a conditional basis, contingent upon pertinent circumstances or acts. If a license is conditioned upon compliance with specific requirements within a specific time period, and the license holder fails to comply with those requirements within that time period, the license is void.

(4) Summary license suspension.

(a) The department may by written notice, without prior notice or hearing, suspend a license issued under s. ATCP 16.02 (1) if the department finds any of the following based on reasonable evidence:

1. That the license holder or the license holder’s employee or agent has violated this chapter, and that the violation imminently threatens the health, safety, or welfare of any dog.

2. That the license holder or the license holder’s employee or agent has committed an act of animal cruelty in violation of ch. 951, Stats.

(b) A suspension notice under par. (a) shall include the notice required under sub. (2) (b).

(c) A suspension notice under par. (a) may specify a reinspection date, and may specify conditions that must be met in order for the license to be reinstated.

(d) The department may at any time reinstate a license that has been summarily suspended under this subsection if the department finds that circumstances warrant reinstatement.