ATCP 78.06 History
History: CR 21-109: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 78.07(1)(1)
License required. Except as specified in par.
(c), a license is required when a camp is advertised or offered free of charge or in return for payment of a fee by a person or by the state or a local unit of government.
ATCP 78.07(1)(a)
(a)
Conditions requiring a license. No person may operate a camp without holding a
license
from
the
department
or
its
agent. The following requirements apply:
ATCP 78.07(1)(a)2.
2. Except as provided pursuant to subd.
3., if a license holder sells or otherwise transfers ownership or operation of a camp to another person, a new license is required pursuant to s.
97.67 (2) (a), Stats., and the camp may not be opened to the public until the department or its agent has issued a new license.
ATCP 78.07(1)(a)3.
3. A camp operator can transfer ownership of the camp under any of the following:
ATCP 78.07(1)(a)3.b.
b. A sole proprietorship that reorganizes as a business entity, as defined in s.
180.1100 (1g), Stats., or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a license to the newly formed business entity or sole proprietorship if the camp remains at the location for which the license was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the license was issued has an ownership interest in the newly formed sole proprietorship or business entity.
ATCP 78.07(1)(a)4.
4. No license issued under this chapter is transferable from one premises to another.
ATCP 78.07(1)(a)5.
5. A person who wishes to transfer a license shall notify the department or its agent prior to operation of the camp.
ATCP 78.07 Note
Note: To notify the department of a transfer of ownership, please email
datcpdfrsrec@wisconsin.gov or contact the bureau of food and recreational businesses at (608) 224-4702 or PO Box 8911, Madison, Wisconsin 53708-8911.
ATCP 78.07(1)(a)6.
6. A person who operates a licensed camp and operates a retail food establishment, campground, hotel, motel, bed and breakfast establishment, or tourist rooming house that is solely operated independently and separately from the camp operation shall obtain an additional license, as applicable:
ATCP 78.07 Note
Note: An example when an additional retail food license is required. A college campus kitchen that prepares and serves food to campers. The campus also has additional food service establishments that operate solely independently from the kitchen that serves campers. These independent food service operations would be required to obtain a separate retail food establishment license.
ATCP 78.07 Note
Note: An example when additional recreational licenses are required. A camp that has lodging or campground facilities that are exclusively rented to adults and families and are not used by campers. These lodging or campground facilities would be required to hold a separate lodging or campground license.
ATCP 78.07(1)(a)7.
7. The operator of a camp that also offers an additional activity such as, a retail food establishment, campground, hotel, motel, bed and breakfast establishment or tourist rooming house within the confines of the camp, utilizing the same camp structures to serve other adult guests and their families shall pay the fee associated with applicable licensing category including the term “with hospitality” as indicated pursuant to s.
ATCP 78.08 Table B or C. When the premises of a camp is used for hospitality activity, the operator is not required to meet ss.
ATCP 78.16,
78.21,
78.25,
78.26,
78.27,
78.28,
78.29, and
78.32. A person that operates a retail food establishment, campground, bed and breakfast establishment, hotel, motel, or tourist rooming house under a camp license shall follow and is subject to the applicable administrative rules for that activity:
ATCP 78.07 Note
Note: An example when an additional retail food license is not required. A university campus kitchen prepares and serves food to campers and campus students, because the kitchen does not solely operate independently but in conjunction with student food service, no additional retail food establishment license is required.
ATCP 78.07 Note
Note: An example when an additional retail food license is not required. A camp kitchen provides food to campers, but also provides food service to other adult or family groups that may be utilizing the camp premises, because the kitchen does not solely operate independently but in conjunction with other food service, no additional retail food establishment license is required.
ATCP 78.07 Note
Note: An example when additional recreational licenses are not required. A camp has lodging or campground facilities that are rented to adults and families and are also used by campers. These lodging or campground facilities would not be required to hold a separate lodging or campground license.
ATCP 78.07 Note
Note: More information on the applicable administrative rule requirements for hospitality activities may be obtained by contacting the department by email
datcpdfrsrec@wisconsin.gov or contact the bureau of food and recreational businesses at (608) 224-4702 or PO Box 8911, Madison, Wisconsin 53708-8911.
ATCP 78.07(1)(a)8.
8. An operator may request evaluation by the department to clarify a subd.
6. or
7., licensing categorization decision made by the department or its agent. The operator shall follow the licensing requirement specified by the department following the evaluation.
P
ATCP 78.07(1)(b)
(b)
Preinspection required. Before the department or its agent may issue a license to operate a camp pursuant to par.
(a) and s.
97.67(1m), Stats., the department or agent shall conduct a preinspection. A preinspection is not required for a transfer pursuant to par.
(a) 3. ATCP 78.07 Note
Note: Pursuant to s.
97.67(1m), Stats., the department or a local health department granted agent status under s.
97.615 (2), Stats., may not, without a preinspection, grant a license to a person intending to operate a new camp or to a person intending to be the new operator of an existing camp. Please call the local health department to arrange for a preinspection.
ATCP 78.07 Note
Note: To arrange a preinspection from the department contact the bureau of food and recreational businesses at (608) 224-4702 or PO Box 8911, Madison, Wisconsin 53708-8911.
ATCP 78.07(1)(c)
(c)
License exemptions. A license for a camp is not required under any of the following:
ATCP 78.07(1)(c)1.
1. An overnight planned program of recreation or education for families or non-developmentally disabled adults.
ATCP 78.07(1)(c)2.
2. An overnight planned program of recreation or education for fewer than 4 consecutive nights and without permanent facilities for food and lodging.
ATCP 78.07(1)(c)3.
3. An overnight planned program for credit at an accredited academic institution.
ATCP 78.07(1)(c)4.
4. A tournament, competition, visitation, recruitment, campus conference, or a professional sports team training camp.
ATCP 78.07(2)(a)
(a)
Expiration. Each license issued under this chapter expires on June 30, except that a license initially issued
during
the
period
beginning
on
April
1
and
ending
on
June 30 expires on June 30 of the following year.
ATCP 78.07(3)(a)(a)
Application. The license applicant shall apply on an application form provided by the department or its agent. The completed application form shall be accompanied by all of the following:
ATCP 78.07(3)(a)2.
2. Information, as required by the department or its agent, including documentation that indicates the camp will be maintained and operated in compliance with this chapter, any other chapter related to a hospitality activity, and applicable local, federal and state laws, as it relates to the health, safety, and welfare of the public.
ATCP 78.07 Note
Note: As provided pursuant to s.
97.615 (2) (d), Stats., a local health department can establish and collect fees for licenses. If you need a license application for an agent-licensed camp, contact the local health department.
ATCP 78.07 Note
Note: To obtain a copy of the camp license application form for a state-licensed camp, contact the bureau of food and recreational businesses at (608) 224-4702 or PO Box 8911, Madison, Wisconsin 53708-8911.
ATCP 78.07(3)(b)
(b)
Requests for preinspection. The operator shall contact the department or its agent and arrange a time for the preinspection required pursuant to sub.
(1) (b), before operating a camp.
ATCP 78.07(4)(a)
(a)
Payment. To renew a license, the operator shall pay the department the applicable license fee specified pursuant to s.
ATCP 78.08 before the license expires. If payment to renew a license fee is not received by the department on or before the expiration date of the license, the late fee specified pursuant to s.
ATCP 78.08 Table B or C shall be paid in addition to the license fee. Submission of an application for a renewal license is not required.
ATCP 78.07(5)(a)
(a) Department discretion on a license. The department or its agent may not issue a new license or renew an existing license for a camp unless all of the following conditions are met.
ATCP 78.07(5)(a)1.
1. The operator has corrected a condition for which the department or agent has issued a written health or safety-related order.
ATCP 78.07(5)(a)2.
2. The operator, applicant, or license holder has provided the department or its agent with the information required pursuant to sub.
(3) (a) 2., or documentation indicating that the camp is designed and constructed in accordance with the state law and regulations stated in this chapter.
ATCP 78.07(5)(a)3.
3. The department or its agent has determined that the operator, applicant or license holder is not in violation of ch.
97, Stats., or has only a minor violation as defined in s.
227.04 (1) (a), Stats
ATCP 78.07(5)(b)
(b)
License prohibited. The department or its agent shall refuse to issue a new license or renew an existing license to operate a camp under any of the following circumstances:
ATCP 78.07(5)(b)1.
1. A fully and accurately completed, signed and dated application has not been received by the department or its agent.
ATCP 78.07(5)(b)5.
5. The operator has modified, repaired, or maintained the camp in a manner that is not in accordance with this chapter.
ATCP 78.07(5)(c)
(c)
Conditional license. Except as provided in s.
93.135, Stats., the initial issuance, renewal, or continued validity of a license may be conditioned pursuant to s.
93.06 (8), Stats., upon the requirement that the license holder correct a violation of this chapter, s.
97.67, Stats., or ordinances adopted pursuant to s.
97.615 (2) (g), Stats., within a specified period of time. If the condition is not satisfied within the specified time or after an extension of time approved by the department, the license is void. No person may operate a camp after the camp license has been voided. Any person who does so shall be subject to the penalties pursuant to ss.
97.72 and
97.73, Stats., and payment of fees pursuant to s.
ATCP 78.08 (3) (e). An operator whose license is voided under this paragraph may appeal the decision pursuant to s.
ATCP 78.11. If the decision was made by a department's agent, the applicant may appeal the decision pursuant to s.
ATCP 78.12.
ATCP 78.07(5)(d)1.1. The department or its agent shall issue or deny a new license or shall renew a license for a camp within 30 days after the applicant meets all of the requirements pursuant to sub.
(3) or
(4), as applicable.
ATCP 78.07(5)(d)2.
2. If the department or its agent denies an application for a license, the applicant shall be given the decision and reason, in writing, for the denial and information regarding appeal rights provided pursuant to s.
ATCP 78.11. If the decision is issued by a department's agent, the applicant may appeal the decision pursuant to s.
ATCP 78.12.
ATCP 78.07(6)(a)
(a)
Payment deadline. If an applicant or operator fails to pay all applicable fees, late fees, and processing charges pursuant to s.
ATCP 78.08, within 45 days after the expiration of the license, the license is void.
ATCP 78.07(6)(b)
(b)
Appeal rights. An operator whose license is voided by the department under this subsection may appeal the decision as provided pursuant to s.
ATCP 78.11. Pursuant to s.
97.67 (5), Stats., the license applicant or operator shall demonstrate that all applicable fees, late fees and processing charges have been paid. In an appeal concerning voiding of a license under this subsection, the burden is on the license applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning payment dispute, operation of the establishment in question is considered to be operation without a license.
ATCP 78.07(7)
(7)
License posting. A current license from the department or its agent shall be posted on the premises in a place visible to the public. A license may not be altered or
defaced.
ATCP 78.07 History
History: CR 21-109: cr.
Register June 2023 No. 810, eff. 9-24-23; correction in (1) (a) 3. b., (5) (c) made under s.
13.92 (4) (b) 7., Stats., and correction in (2) (b), (5) (d) 1. made under s.
35.17, Stats.,
Register June 2023 No. 810.
ATCP 78.08(1)(a)1.1. The department or its agent shall assign a camp to a license category by evaluating the complexity of the camp based on the criteria specified in Table A.
ATCP 78.08(1)(a)2.
2. A camp whose point value is 5 or less, shall be assigned to the simple license category.
ATCP 78.08(1)(a)3.
3. A camp whose point value is 6 to 10 shall be assigned to the moderate license category.
ATCP 78.08(1)(a)4.
4. A camp whose point value is 11 or more shall be assigned to the complex license category.
ATCP 78.08(1)(b)
(b) Point values for determining factors for assigning a camp license category.
ATCP 78.08(1)(c)
(c)
Evaluation of assessment score. The operator of a camp may ask the department to reconsider the camp license category assignment within 30 days of the category assignment.
ATCP 78.08 Note
Note: To request evaluation of license category assignment call the bureau of food and recreational businesses at (608) 224-2720 or send your written request to the bureau of food and recreational businesses at PO Box 8911 Madison, WI 53708-8911 or if licensed by a local health department, contact that local health department.
ATCP 78.08(2)
(2)
Fee schedule. Pursuant to s.
97.67 (5), Stats., no license may be issued until all applicable fees have been paid. Fee amounts listed in s.
ATCP 78.08 Table B or C apply to camp licenses issued by the department under this chapter.
ATCP 78.08 Note
Note: Local
health
departments
that
are
agents
for
the
department
have
authority pursuant to
s.
97.615 (2) (d),
Stats.,
to
establish
and
collect
fees
for
licenses
issued
by
the local health department. If your establishment was licensed by a local health department, contact the local health department for its license fee schedule.
ATCP 78.08(3)(a)(a)
Preinspection fee. The operator shall
pay
the
applicable
preinspection fee listed in s.
ATCP 78.08 Table B or C to the department before a new license is issued pursuant to s.
ATCP 78.07 (3).
ATCP 78.08(3)(b)
(b)
License fee. The operator of a camp shall pay
the applicable license fee listed in s.
ATCP 78.08 Table B or C to the department
for
each
camp
for which the
operator
applies
for
a
new or renewal license.
ATCP 78.08(3)(c)
(c)
Late fee. If the license fee for a license renewal is not paid on or filed before
the
expiration
date
of
the
license,
the
operator
of
the
camp shall pay to the department a late fee as specified in s.
ATCP 78.08 Table B or C pursuant to s.
93.21 (5) (b), Stats., in addition to the renewal license
fee.
