ATCP 75.04(33)(e)(e) Mobile or transient retail food establishment - not serving meals as defined in sub. (25).
ATCP 75.04(33)(f)(f) Mobile or transient retail food establishment - serving meals as defined in sub. (26).
ATCP 75.04(33)(g)(g) Retail food establishment serving prepackaged meals as defined in sub. (36).
ATCP 75.04(34)(34)“Retail food establishment- not serving meals” means any of the following:
ATCP 75.04(34)(a)(a) A permanent retail food establishment where food processing is conducted primarily for direct retail sale of “time/temperature controlled for safety food” to consumers at the facility, and the total non-meal sales exceed 50% of all retail food sales.
ATCP 75.04(34)(b)(b) A permanent retail food establishment from which food is sold to consumers at retail, whether or not that facility sells “time/temperature controlled for safety food” or processes food, and the total non-meal sales exceed 50% of all retail food sales.
ATCP 75.04(35)(35)“Retail food establishment- serving meals” means a permanent retail food establishment operating as a restaurant where the total meal sales exceed 50% of all retail food sales. A retail food establishment- serving meals includes any building, room, or place where meals are prepared, served, or sold to the general public and all places used in connection with the building, room, or place; and any public or private school lunchroom for which food service is provided by contract. A retail food establishment- serving meals does not include any of the following:
ATCP 75.04(35)(a)(a) Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish, or bread and butter.
ATCP 75.04(35)(b)(b) Non-profit organizations, under 26 USC 501 (c), including churches, religious, fraternal, youth, or patriotic organizations; service clubs; and civic organizations that occasionally prepare, serve, or sell meals to transients or the general public.
ATCP 75.04(35)(c)(c) Any public or private school lunchroom for which food service is directly provided by the school.
ATCP 75.04(35)(d)(d) Bed and breakfast establishments.
ATCP 75.04(35)(e)(e) A licensed vending machine that serves food or beverages.
ATCP 75.04(35)(f)(f) Any college campus as defined in s. 36.05 (6m), Stats., institution as defined in s. 36.51 (1) (b), Stats., or technical college that serves meals only to the students enrolled in the college campus, institution, or school or to authorized elderly persons under s. 36.51 or 38.36, Stats.
ATCP 75.04(35)(g)(g) A concession stand at a locally sponsored sporting event, such as a little league game.
ATCP 75.04(35)(h)(h) A potluck event.
ATCP 75.04(36)(36)“Retail food establishment serving prepackaged meals” means a retail food establishment-serving meals that only serves individually wrapped single food servings that are prepared and packaged off-premises by a food processing plant or retail food establishment, licensed under s. ATCP 75.06 (1), with preparation at the retail food establishment limited to heating and serving by establishment personnel.
ATCP 75.04(37)(37)
ATCP 75.04(37)(a)(a) “Special event” means a department-recognized event that is sponsored, planned, organized, and publicly advertised by organizations that include the following:
ATCP 75.04(37)(a)1.1. Neighborhood associations.
ATCP 75.04(37)(a)2.2. Religious groups.
ATCP 75.04(37)(a)3.3. Cultural groups.
ATCP 75.04(37)(a)4.4. Political parties.
ATCP 75.04(37)(a)5.5. Churches.
ATCP 75.04(37)(a)6.6. Schools.
ATCP 75.04(37)(a)7.7. Sports teams.
ATCP 75.04(37)(a)8.8. Fraternal organizations.
ATCP 75.04(37)(a)9.9. Non-profit organizations.
ATCP 75.04(37)(a)10.10. City, county, state or federal governments.
ATCP 75.04(37)(b)(b) Special events are limited to gatherings of people for concerts; sporting events; trade shows; flea markets or farmers markets; public exhibitions by artists, craftsman, or vehicle enthusiasts; a fair, carnival, circus, or governmentally recognized celebration based on a specific calendar date such as a holiday or anniversary; or any other event approved by the regulatory agency. A “potluck” is not a “special event”.