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. 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 HistoryHistory: 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 Table A
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 NoteNote: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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
For licenses issued April 1, 2023 through March 31, 2025
ATCP 78.08 Table C
For licenses issued on or after April 1, 2025
ATCP 78.08 HistoryHistory: 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: ATCP 78.09(1)(b)1.a.a. Presence of an imminent hazard that cannot be corrected during the inspection. ATCP 78.09(1)(b)1.b.b. An inspection reveals 6 or more priority violations, regardless if they have been corrected during the inspection. ATCP 78.09(1)(b)1.c.c. Repeat violations, whether corrected during the inspection or not, are documented on 3 consecutive inspections regardless of inspection type. ATCP 78.09(1)(b)1.d.d. The department’s authorized representative and that representative’s supervisor determine there is a lack of active managerial control at the camp, based on the quantity and the criticality of the violations observed on the most recent inspection. ATCP 78.09(1)(b)2.2. A reinspection or administrative follow-up shall be scheduled to allow the operator a reasonably sufficient time to correct the violations. ATCP 78.09(1)(b)3.3. A reinspection fee shall be charged for the reinspection or administrative follow-up in the amount listed in s. ATCP 78.08 Table B or C or the applicable amount as determined by an agent of the department. ATCP 78.09(1)(b)4.4. If an additional reinspection or administrative follow-up is required because a violation has not been corrected in the scheduled time, the department shall assess a second or subsequent reinspection fee listed in s. ATCP 78.08 Table B or C pursuant to s. ATCP 78.08 (3) (d), and the department may order the operator to show just cause why the license should not be suspended or revoked pursuant to s. ATCP 78.10. ATCP 78.09(2)(a)(a) Written orders. If upon inspection of a camp, the department or agent finds that the camp is not designed, constructed, equipped or operated as required under this chapter, the department or agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the time period within which the correction should be made. The time period specified in the order may be extended at the discretion of the department or agent as specified in par. (c). ATCP 78.09(2)(b)1.1. If a violation is not corrected by the expiration of the time period stated in the order given pursuant to par. (a), or any extension of time granted pursuant to par. (c), the department or agent may issue a special order pursuant to s. ATCP 78.10 to suspend or revoke the license to operate the camp. An order for suspension or revocation shall take effect as provided pursuant to s. ATCP 78.10. ATCP 78.09(2)(b)2.2. Pursuant to s. 97.12 (5), Stats., any person who fails to comply with an order of the department may be required to forfeit $50 for each day of noncompliance. A person may appeal a forfeiture pursuant to s. ATCP 78.11. ATCP 78.09(2)(c)1.1. The department or its agent may extend the time to correct a violation based on a determination of the seriousness of the violation, the operator’s progress towards correcting the violation, and the operator’s previous history of compliance.
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Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
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