ATCP 73.05(1) (1) Fee schedules. The fees listed in Table ATCP 73.05 A shall apply to licenses issued from April 1, 2009 through March 31, 2011. The fees listed in Table ATCP 73.05 B shall apply to licenses issued on or after April 1, 2011.

ATCP 73.05 Note Note: Local health departments that are agents for the department have authority under 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 73.05(2) (2) Types of fees.

ATCP 73.05(2)(a) (a) Preinspection fee. The owner of a bed and breakfast establishment shall, pursuant to sub. (1), pay the applicable preinspection fee listed in Table ATCP 73.05 A or B to the department before an initial or new license is issued under s. ATCP 73.04.

ATCP 73.05(2)(b) (b) License fee. The owner of a bed and breakfast establishment shall, pursuant to sub. (1), pay the applicable license fee listed in Table ATCP 73.05 A or B to the department for each bed and breakfast establishment that the operator applies for a license to operate under s. ATCP 73.04 (1) or (2).

ATCP 73.05(2)(c) (c) Late fee. If the license fee for a license renewal is not paid before the expiration date of the license, the owner of the bed and breakfast establishment shall pay to the department a late fee of $85.00 in addition to the renewal license fee.

ATCP 73.05(2)(d) (d) Reinspection fee. If the department conducts a reinspection of a bed and breakfast establishment under s. ATCP 73.06 (1) (b) 1. and 2., the owner shall, pursuant to s. sub. (1), pay to the department the applicable reinspection fee listed in Table ATCP 73.05 A or B. The department shall assess an additional fee as specified in Table ATCP 73.05 A or B, whichever is applicable, for any additional reinspection conducted under s. ATCP 73.06 (1) (b) 4.

ATCP 73.05(2)(e) (e) Fees for operating without a license. Any bed and breakfast establishment found to be operating without a license shall pay to the department an amount of $749.00, in addition to all applicable fees and any processing charges under s. ATCP 73.04 (6).

ATCP 73.05 Note Note: Anyone operating a bed and breakfast establishment without a license is also subject to a fine of not less than $100 nor more than $1,000 under s. 97.72, Stats.

ATCP 73.05(2)(f) (f) Duplicate license. The department shall charge the operator of a bed and breakfast establishment $15 for a duplicate license.

ATCP 73.05(2)(g) (g) Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department’s licensing responsibilities, the departments shall charge the operator or the entity requesting the inspection or consultation $175.00.

ATCP 73.05(3) (3) Method of payment. If the payment for an initial or renewal license is by check or other draft drawn upon an account containing insufficient funds, the applicant or owner shall, within 15 days after receipt of notice from the department of the insufficiency, pay all applicable fees under sub. (1) and the financial institution’s processing charges by cashier’s check or other certified draft, money order, or cash.

- See PDF for table

- See PDF for table

ATCP 73.05 History History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 197.05 Register June 2016 No. 726; correction in (1), (2) (a), (b), (d), (e) Tables A, B made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-019: am. (1), (2) (a) to (c), (e) to (g), (3) Register January 2020 No. 769, eff. 2-1-20; corrections in Table ATCP 73.05 A, B made under s. 35.17, Stats., Register January 2020 No. 769.

ATCP 73.06 ATCP 73.06 Enforcement.

ATCP 73.06(1) (1) Inspections and access to the premises.

ATCP 73.06(1)(a) (a) Inspections. Under ss. 97.615 (2) and 97.65 (1), Stats., an authorized employee or agent of the department, upon presenting proper identification, may enter any bed and breakfast establishment at any reasonable time, for any of the following purposes:

ATCP 73.06(1)(a)1. 1. To inspect the bed and breakfast establishment.

ATCP 73.06(1)(a)2. 2. To determine if there has been a violation of this chapter or ss. 97.603 to 97.65, Stats.

ATCP 73.06(1)(a)3. 3. To determine compliance with previously written violation orders.

ATCP 73.06(1)(a)4. 4. To secure samples or specimens.

ATCP 73.06(1)(a)5. 5. To examine and copy relevant documents and records provided such information is related to the operation of the bed and breakfast establishment.

ATCP 73.06(1)(a)6. 6. To obtain photographic or other evidence needed to enforce this chapter.

ATCP 73.06(1)(b) (b) Reinspections.

ATCP 73.06(1)(b)1. 1. The department or its agent may reinspect a bed and breakfast establishment whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the bed and breakfast establishment.

ATCP 73.06(1)(b)2. 2. A reinspection shall be scheduled to allow the owner a reasonably sufficient time to correct the deficiencies.

ATCP 73.06(1)(b)3. 3. A reinspection fee shall be charged for the reinspection according to Table ATCP 73.05 A or B, or applicable charges as determined by an agent of the department.

ATCP 73.06(1)(b)4. 4. If an additional reinspection is required because a violation has not been corrected in the scheduled time, the department shall assess the owner an additional fee as specified in Table ATCP 73.05 A or B as authorized under s. ATCP 73.05 (2) (d), and the department may order the owner to show just cause why the license should not be suspended or revoked under s. ATCP 73.07.