Section 26 ATCP 42.54 (1) (a) is amended to read:
(a) The non-protein nitrogen ingredients are identified in the 2015 2018 Official Publication of the Association of American Feed Control Officials.
Section 26. ATCP 65.23 (1) (a) is amended to read:
(a) A grade A dairy plant that is a qualified facility shall comply with the requirements of 21 CFR 117 Subparts A, B and E, and 21 CFR 117.201. Section 27. ATCP 65.23 (2) (a) and (b) are amended to read:
(a) A grade B dairy plant that is a qualified facility shall comply with the requirements of 21 CFR 117 Subparts A, B, E and F, and 21 CFR 117.201. (b) A grade B dairy plant that is a facility shall comply with the requirements of 21 CFR 117 Subparts A, B, C, F, and G. Section 28. ATCP 71.02 (11) (a), (b) and (c) are amended to read:
(a) A food warehouse which is also a qualified facility shall comply with the requirements of this chapter and 21 CFR 117 Subparts A, B, E, and F, and 21 CFR 117.5(a). (b) A food warehouse that is a facility, but is not a qualified facility, and only stores unexposed packaged potentially hazardous food shall comply with the requirements of this chapter, and 21 CFR 117.7 117 Subparts A, B, E, and F and 117.206. (c) A food warehouse that is a facility, but is not a qualified facility, and stores exposed food shall comply with the requirements of this chapter and 21 CFR 117, Subparts A, B, C, F, and G. Section 29. ATCP 72, TABLE OF CONTENTS, is amended to read:
HOTELS, MOTELS, AND TOURIST ROOMING HOUSES
ATCP 72.07 Suspension or revocation of permit licenses. ATCP 72.09 Appeals of actions by agent health departments. Note: Chapter HSS 195 as it existed on June 30, 1985, was repealed and a new chapter HSS 195 was created effective July 1, 1985. Chapter HSS 195 was renumbered chapter HFS 195 under s. 13.93 (2m) (b) 1., Stats., corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, January, 1997, No. 493. Chapter HFS 195 was renumbered chapter DHS 195 effective February 1, 2009, under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. Chapter DHS 195 was renumbered chapter ATCP 72 under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726. Ch. ATCP 72 Note Note: Effective 7-1-16, 2015 Wis. Act 55 amended the word “permit" in ch. 254, stats., to become “license" in ch. 97, stats., and all references in this chapter to “permit" mean “license" for the purpose of licensing, regulation, and enforcement of this chapter by the department. Section 30. ATCP 72.03 (1) is amended to read:
(1) “Agent" means the city or county designated by the department to issue permits licenses to and make investigations or inspections of hotels, motels, or tourist rooming houses.
Section 31. ATCP 72.03 (8) is amended to read:
(8) “Existing," in reference to a hotel, motel or tourist rooming house, means operating with a permit license from the department before the adoption of this chapter.
Section 32. ATCP 72.03 (13) is amended to read:
(13) “New," in reference to a hotel, motel, or tourist rooming house, means operating with a permit license from the department for the first time on or after the effective date of this chapter.
Section 33. ATCP 72.04 is amended to read:
ATCP 72.04 Permits Licenses.
ATCP 72.04(1)(a)(a) No hotel, motel, or tourist rooming house may be opened to the public until the operator of the facility has obtained a permit license from the department or its agent by submitting an application under sub. (4) and paying the applicable fee specified in s. ATCP 72.05. A separate permit license is required for each hotel, motel, or tourist rooming house. ATCP 72.04(1)(b) (b) If any permit license holder sells or otherwise transfers ownership or operation of a hotel, motel, or tourist rooming house to another person, except as provided in sub. (3), a new initial permit license is required, and the hotel, motel, or tourist rooming house may not be opened to the public until the department has issued a new initial permit license. ATCP 72.04(2)(a)(a) Each permit license issued under this chapter expires on June 30, except that a permit license initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year. ATCP 72.04(3) (3) Transferability of permits licenses. An individual may transfer a permit license to an immediate family member, as defined in s. 97.605 (4) (a) 2., Stats., if the individual is transferring operation of the hotel, motel, or tourist rooming house. A sole proprietorship that reorganizes as a business entity, as defined in s. 179.70 (1), Stats., or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a permit license to the newly formed business entity or sole proprietorship if the hotel, motel, or tourist rooming house remains at the location for which the permit license was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the permit license was issued has an ownership interest in the newly formed sole proprietorship or business entity. Except as provided in this subsection, no permit license issued under this chapter is transferable from one premise to another or from one person or entity to another. ATCP 72.04 Note Note: Under s. 97.605 (4) (a) 2., Stats., “Immediate family member" means a spouse, grandparent, parent, sibling, child, stepchild, or grandchild or the spouse of a grandparent, parent, sibling, child, stepchild, or grandchild. Under ss. 97.605 (4) (a) 1. and 179.70 (1), Stats., a “business entity" means: a corporation, as defined in s. 180.0103 (5), Stats., a limited liability company, as defined in s. 183.0102 (10), Stats., a limited partnership, or a corporation, as defined in s. 181.0103 (5), Stats., a foreign limited liability company, as defined in s. 183.0102 (8), Stats., a foreign limited partnership, a foreign corporation, as defined in s. 180.0103 (9), Stats., or a foreign corporation, as defined in s. 181.0103 (13), Stats. ATCP 72.04(4)(a)(a) Initial permit license. Application for an initial or new permit license shall be made on an application form furnished by the department or its agent and shall be accompanied by all of the following: ATCP 72.04(4)(a)2. 2. Information, as determined by the department or its agent, indicating that the hotel, motel, and tourist rooming house will be maintained and operated in compliance with applicable federal and state laws and that rules have been implemented for the operation of the hotel, motel, and tourist rooming house that will protect the health, safety, and welfare of the public. ATCP 72.04 Note Note: To obtain a copy of the hotel, motel or tourist rooming house operator license application form, or to determine which agent to contact for an application form, call (608) 224-4923 or send an e-mail to datcpdfslicensing@wi.gov. ATCP 72.04(4)(b) (b) Renewal permit license. To renew the permit license of a facility, the operator shall pay the department, the applicable establishment permit license fee specified under s. ATCP 72.05 before the permit expires. If the payment to renew the permit license of an establishment is not made to the department before the expiration date of the establishment permit license, the late fee specified under s. ATCP 72.05 (2) (c) shall be paid in addition to the license fee. ATCP 72.04 Note Note: Local health department that are agents for the department have authority under s. 97.41 (4) (a), Stats., to establish and collect fees for licenses issued by the local health department. If your the establishment was licensed by a local health department, contact the local health department for its license fee schedule. ATCP 72.04(5)(5) Department or agent action on permit license application ATCP 72.04(5)(a)(a) The department or its agent shall issue or deny a permit license within 30 days after receiving a complete application, all applicable fees, and the other information required under sub. (4). ATCP 72.04(5)(b) (b) Except as provided in s. 93.135, Stats., the initial issuance, renewal, or continued validity of a permit license issued under this subsection may be conditioned upon the requirement that the permit license holder correct a violation of this chapter, s. 97.605, Stats., or ordinances adopted under s. 97.615 (2) (g), Stats., within a period of time specified. If the condition is not met within the specified time or after an extension of time as approved by the department, the permit license is void. No person may operate a hotel, motel, or tourist rooming house after a permit license has been voided under this paragraph, and any person who does so shall be subject to the penalties under ss. 97.72 and 97.73, Stats. An operator whose permit license is voided under this paragraph may appeal the decision under s. ATCP 72.08. ATCP 72.04(5)(c) (c) The department or its agent may refuse to issue or renew a permit license to operate a hotel, motel or tourist rooming house under any of the following circumstances: ATCP 72.04(5)(c)1. 1. The department or its agent has not conducted a preinspection of a hotel, motel, or tourist rooming house for which an initial or new permit license is required under sub. (1). ATCP 72.04(5)(c)2. 2. The operator of a hotel, motel, or tourist rooming house has not corrected a condition for which the department or agent has issued a written a health or safety–related order. ATCP 72.04(5)(c)3. 3. All applicable fees under s. ATCP 72.05 have not been paid, including the permit license fee, preinspection fee, reinspection fee, or other applicable fees. ATCP 72.04(5)(c)4. 4. The operator has modified, repaired or maintained the hotel, motel, or tourist rooming house in a manner that is not in accordance with what the department recognizes as safe practice as outlined in this chapter. ATCP 72.04(5)(c)5. 5. The operator, applicant, or permit holder has failed to provide the department or its agent with information required under sub. (4). ATCP 72.04(5)(c)6. 6. The operator or applicant has violated ch. 97, Stats., this chapter, or any order, ordinance, or regulation created by a village, city, county, or local board of health having jurisdiction, provided such violation is related to the operation of the hotel, motel, or tourist rooming house. ATCP 72.04(5)(d) (d) If the department or its agent denies an application for a permit license, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights under s. ATCP 72.08. ATCP 72.04(6) (6) Voided permit license for failure to pay fees. If an applicant or operator fails to pay all applicable fees, late fees and processing charges under s. ATCP 72.05 within 15 days after the applicant or operator receives notice of an insufficiency under s. ATCP 72.05, or within 45 days after the expiration of the permit license, whichever occurs first, the permit license is void. An operator whose permit license is voided under this subsection may appeal the decision under s. ATCP 72.08. In an appeal concerning a voided permit license under this subsection, the burden is on the permit license applicant or operator to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the hotel, motel, or tourist rooming house is deemed to be operation without a permit license and is subject to the fees under s. ATCP 72.05 (2) (e) in addition to the fees otherwise due, unless the applicant or operator meets its burden of proof under this subsection. ATCP 72.04(7) (7) Permit License posting. A current permit license issued by the department shall be posted in a place visible to the public. A permit license may not be altered or defaced. Section 34. ATCP 72.05 is amended to read:
ATCP 72.05 Department fees.
ATCP 72.05(1) (1) Fee schedules. The fees listed in Table ATCP 72.05 A shall apply to permits licenses issued from April 1, 2009 through March 31, 2011. The fees listed in Table ATCP 72.05 B shall apply to permits licenses issued on or after April 1, 2011. (a) Preinspection fee. The operator of a hotel, motel or tourist rooming house shall, pursuant to sub. (1), pay the applicable preinspection fee listed in Table ATCP 72.05 A or B to the department before an initial or new permit license is issued under s. ATCP 72.04. ATCP 72.05(2)(b) (b) Permit License fee. The operator of a hotel, motel, or tourist rooming house shall, pursuant to sub. (1), pay the applicable permit license fee listed in Table ATCP 72.05 A or B to the department for each hotel, motel, or tourist rooming house that the operator applies for a permit license to operate under s. ATCP 72.04 (1) or (2). ATCP 72.05(2)(c) (c) Late fee. If the permit license fee for a permit license renewal is not paid before the expiration date of the permit license, the operator of the hotel, motel, or tourist rooming house shall pay to the department a late fee of $85.00 in addition to the renewal permit license fee. ATCP 72.05(2)(d) (d) Reinspection fee. If the department conducts a reinspection of a hotel, motel, or tourist rooming house under s. ATCP 72.06 (1) (b), the operator shall, pursuant to sub. (1), pay to the department the applicable reinspection fee listed in Table ATCP 72.05 A or B. The department shall assess an additional reinspection fee as listed in Table ATCP 72.05 A or B, whichever is applicable, for any additional reinspection conducted under s. ATCP 72.06 (1) (b) 4. ATCP 72.05(2)(e) (e) Fees for operating without a permit license. Any hotel, motel, or tourist rooming house found to be operating without a permit license shall pay to the department an amount of $749.00, in addition to all applicable fees and any processing charges under s. ATCP 72.04 (6). ATCP 72.05 Note Note: Anyone operating a hotel, motel, or tourist rooming house without a permit license is also subject to a fine of not less than $100 nor more than $1,000 under s. 97.72, Stats. ATCP 72.05(2)(f) (f) Duplicate permit license. The department shall charge the operator of a hotel, motel, or tourist rooming house $15 for a duplicate permit license.
