ATCP 78.05ATCP 78.05 License holder responsibilities. Upon acceptance of the license issued by the department or its agent, the license holder shall do all of the following in order to retain the license: ATCP 78.05(1)(1) Comply with the provisions of this chapter and any other applicable chapters. ATCP 78.05(2)(2) Immediately contact the department or its agent to report an illness of a food employee or conditional employee pursuant to ch. ATCP 75 Appendix 2-201.11 (B). ATCP 78.05(3)(3) Immediately discontinue operations directly related to an imminent health hazard and immediately notify the department or its agent. ATCP 78.05(4)(4) Replace existing facilities and equipment that no longer comply with the criteria set forth in this chapter according to time period pursuant to s. ATCP 78.09 (2). ATCP 78.05(5)(5) Comply with directives of the department or its agent including meeting deadlines for taking corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the department or its agent for the license holder’s camp or in response to community emergencies. ATCP 78.05(6)(6) Accept notices issued and served by the department or its agent according to law. ATCP 78.05(7)(7) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this chapter. ATCP 78.05 HistoryHistory: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (2) made under s. 35.17, Stats., Register June 2023 No. 810. ATCP 78.06(1)(1) Approval required. An operator shall obtain plan approval from the department or its agent before any of the following occurs: ATCP 78.06(1)(a)(a) New construction. The operator begins construction of a camp. ATCP 78.06(1)(b)(b) Modifications. The operator modifies a camp by adding or moving a structure that was subject to a previous plan review by the department or its agent. ATCP 78.06 NoteNote: In addition to meeting the department’s plan review requirements, a person should consult with other agencies that may also require prior plan or construction approval, such as the Wisconsin department of safety and professional services, the Wisconsin department of natural resources, or the local building and zoning agency before commencing construction or modification of a camp.
ATCP 78.06(2)(a)(a) Required information. An applicant for plan approval shall submit all of the following to the department or its agent: ATCP 78.06(2)(a)1.1. A fully and accurately completed, signed, and dated application for plan approval on a form provided by the department. ATCP 78.06(2)(a)2.2. A copy of the plans and specifications drawn to scale or a drawing indicating distance of separation measured in feet in accordance with the applicable requirements of this chapter. ATCP 78.06(2)(a)3.3. Any other information required by the department or its agent regarding the operation of the camp as it relates to the health, safety, and welfare of the public. ATCP 78.06 NoteNote: To obtain a copy of the plan approval application form, 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 78.06(2)(b)1.1. If the department or its agent receives a plan or application from an operator that is not completed as specified in par. (a), the department or its agent shall contact the operator to seek additional information necessary to complete the plan or application. ATCP 78.06(2)(b)2.2. Within 30 days after receipt of a completed plan pursuant to par. (a) the department or its agent shall approve or deny the plan. If the department or its agent approves the plan, the department or its agent shall issue a plan approval letter to the operator. If the department or its agent denies a plan, the applicant shall be given the reason, in writing, for the denial. The applicant may appeal the decision made by the department 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 78.10. ATCP 78.06 HistoryHistory: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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.
