Wisconsin Legislature: Chapter ATCP 72

Ch. ATCP 72 NoteNote: Chapter HSS 195 as it existed on June 30, 1985, was repealed and a new chapter HSS 195 was created effective July 1, 1985.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.

ATCP 72.01ATCP 72.01 Authority and purpose. Section 97.625, Stats., gives the department authority to prescribe rules for hotels, including motels, and tourist rooming houses and to enforce these rules for the purpose of protecting public health and safety.

ATCP 72.01 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; correction made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1995, No. 469; CR 08-073: renum. from HFS 195.01 Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 195.01 Register June 2016 No. 726; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.

ATCP 72.02ATCP 72.02 Scope of rules.

ATCP 72.02(1)(1) Applicability. The provisions of this chapter apply to the operator of any hotel, motel, or tourist rooming house.

ATCP 72.02(2)(2) Approved comparable compliance. When it appears to the department that strict adherence to a provision of this chapter is impractical for a particular hotel, motel, or tourist rooming house, the department may approve a modification in that rule for that facility if the department is provided with satisfactory proof that the grant of a variance will not jeopardize the public’s health, safety or welfare.

ATCP 72.02 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; CR 08-073: renum. from HFS 195.02 Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 195.02 Register June 2016 No. 726.

ATCP 72.03ATCP 72.03 Definitions. In this chapter:

ATCP 72.03(1)(1) “Agent” means the city or county designated by the department to issue licenses to and make investigations or inspections of hotels, motels, or tourist rooming houses.

ATCP 72.03(2)(2) “Approved” means acceptable to the department, based on its determination of conformance with this chapter and good public health practices.

ATCP 72.03(3)(3) “Communicable disease” has the meaning prescribed in s. DHS 145.03 (4).

ATCP 72.03(4)(4) “Department” means the department of agriculture, trade and consumer protection.

ATCP 72.03(5)(5) “Easily cleanable” means readily accessible and made of a kind of material and finish and so fabricated that residue may be completely removed by normal cleaning methods.

ATCP 72.03(6)(6) “Employee” means any person working in a hotel, motel, or tourist rooming house.

ATCP 72.03(7)(7) “Equipment” means, in connection with the operation of a hotel, motel, or tourist rooming house, stoves, ranges, hoods, counters, refrigerators, ice-making machines, sinks, and similar appliances and other items used to prepare or hold foods or to clean utensils.

ATCP 72.03(8)(8) “Existing,” in reference to a hotel, motel or tourist rooming house, means operating with a license from the department before the adoption of this chapter.

ATCP 72.03(9)(9) “Facility” means a hotel, motel, or tourist rooming house.

ATCP 72.03(10)(10) “Furnishings” means, in connection with the operation of a hotel, motel or tourist rooming house, linens, beds, bedding, chairs, tables, shelves, drapes, carpeting, curtains, decorations, fixtures, and similar items provided in the sleeping rooms and common areas of the facility.

ATCP 72.03(11)(11) “Hotel” means a place where sleeping accommodations are offered for pay to transients, in 5 or more rooms, and all related rooms, buildings and areas.

ATCP 72.03(12)(12) “Motel” means a hotel that furnishes on-premise parking for motor vehicles of guests as part of the room charge, without extra cost, and that is identified as a “motel” rather than a“hotel” at the request of the operator.

ATCP 72.03(13)(13) “New,” in reference to a hotel, motel, or tourist rooming house, means operating with a license from the department for the first time on or after the effective date of this chapter.

ATCP 72.03(14)(14) “Operator” means the person legally responsible for the operation of the hotel, motel, or tourist rooming house.

ATCP 72.03(15)(15) “Person” means an individual, partnership, association, firm, company, corporation, municipality, county, or town, whether tenant, owner, lessee, licensee, or the agent, heir, or assignee of any of these.

ATCP 72.03(16)(16) “Premises” means the tract of land on which a hotel, motel or tourist rooming house is located and all associated buildings on that land.

ATCP 72.03(17)(17) “Privy” means a structure not connected to a plumbing system, which is used by persons for the disposal of human body wastes.

ATCP 72.03(18)(18) “Sleeping accommodations offered for pay” means all sleeping rooms on the premises including quarters occupied by permanent guests but excluding sleeping rooms occupied by the operator or owner or his or her immediate family.

ATCP 72.03(19)(19) “Tourist or transient” means a person who travels to a location away from his or her permanent address for a short period of time for vacation, pleasure, recreation, culture, business, or employment.

ATCP 72.03(20)(20) “Tourist rooming house” means all lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients. It does not include private boarding or rooming houses not accommodating tourists or transients, or bed and breakfast establishments regulated under ch. ATCP 73.

ATCP 72.03(21)(21) “Utensil” means any kitchenware, tableware, glassware, cutlery, container, or similar item with which food or drink comes into contact during storage, preparation or serving.

ATCP 72.03 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; am. (19), Register, November, 1986, No. 371, eff. 12-1-86; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register May 2002 No. 557; CR 08-073: renum. from HFS 195.03 and am. (4) Register January 2009 No. 637, eff. 2-1-09; corrections in (3) and (20) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; renum. from DHS 195.03 Register June 2016 No. 726; correction in (4) made under s. 13.92 (4) (b) 6., correction in (20) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-019: am. (1), (8), (13) Register January 2020 No. 769, eff. 2-1-20.

ATCP 72.04ATCP 72.04 Licenses.

ATCP 72.04(1)(1) License required.

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 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 license is required for each hotel, motel, or tourist rooming house.

ATCP 72.04(1)(b)(b) If any 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 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 license.

ATCP 72.04(2)(2) License duration and renewal.

ATCP 72.04(2)(a)(a) 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 72.04(2)(b)(b) Each license shall be renewed annually as provided in sub. (4) (b).

ATCP 72.04(3)(3) Transferability of licenses. An individual may transfer a 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. 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 hotel, motel, or tourist rooming house 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. Except as provided in this subsection, no license issued under this chapter is transferable from one premise to another or from one person or entity to another.