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.
ATCP 78.08(3)(d)
(d)
Reinspection or administrative follow-up fee. If the department conducts a
reinspection or an administrative follow-up of
a
camp
pursuant to
s.
ATCP 78.09
(1)
(b) 1. or
4.,
the
operator
shall pay to the department the applicable reinspection or administrative follow-up fee listed in s.
ATCP 78.08 Table B or C. The department shall assess an additional
fee as
listed
in
s. ATCP 78.08
Table B
or C
whichever
is
applicable,
for
any
second or subsequent
reinspection or administrative follow-up
conducted pursuant to s.
ATCP 78.09 (1) (b) 4.
ATCP 78.08(3)(e)
(e)
Fees for operating without a license. If a camp is found to be
operating
without
a
license,
the operator shall
pay
to
the
department
a
fee
of $749.00, in addition to all applicable fees and any processing charges pursuant to sub.
(4).
ATCP 78.08 Note
Note: Anyone operating a camp without a license is also subject to the penalties in ss.
97.72 and
97.73, Stats.
ATCP 78.08(3)(f)
(f)
Duplicate license. If an operator requests a duplicate license, the operator shall pay the department a fee of $15.00.
ATCP 78.08(3)(g)
(g)
Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department's responsibilities for issuing licenses, the department shall
charge
the
operator
or
the
entity
requesting
the
inspection
or consultation
$175.00.
ATCP 78.08 Note
Note: An example includes a buyer that wants an inspection or consultation prior to a real estate transaction.
ATCP 78.08(4)
(4)
Penalties for insufficiency of payment. If the payment for a new or renewal license is by check or other draft drawn upon an account containing insufficient funds, the applicant or operator shall, within 15 days after receipt of notice from the department of the insufficiency,
pay
all
applicable
fees
pursuant to
sub.
(1),
and
the
financial institution's processing charges by cashier's check or other certified draft, or money order.
ATCP 78.08 Table B
ATCP 78.08 Table C
ATCP 78.08 History
History: CR 21-109: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 78.09(1)(a)
(a)
Inspections. Pursuant to ss.
93.07 (24) (e) and
97.65 (1), Stats., an authorized employee or agent of the department, upon presenting
proper
identification,
may
enter
any
camp
at
any reasonable time, for any of the following purposes:
ATCP 78.09(1)(a)3.
3. To
determine
compliance
with
previously
written
orders to correct violations.
ATCP 78.09(1)(a)5.
5. To examine and copy relevant documents and records related to the operation of the camp.
ATCP 78.09(1)(a)6.
6. To obtain photographic or other evidence needed to enforce this
chapter.
ATCP 78.09(1)(b)1.1. The department or its agent may perform a reinspection at the camp or an administrative follow-up with a camp whenever an inspection or the investigation of a complaint reveals any of the following conditions:
