Wis. Admin. Code ATCP § ATCP 73.04

Current through November 25, 2024

Section ATCP 73.04 - Licenses

(1) LICENSE REQUIRED.

(a) No bed and breakfast establishment may be opened to the public until the operator of the bed and breakfast establishment 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 73.05. A separate license is required for each bed and breakfast establishment.

(b) A new initial license is required if a license holder sells or otherwise transfers ownership or operation of a bed and breakfast establishment to another person, except as provided in sub. (3).

(2) LICENSE DURATION AND RENEWAL.

(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.

(b) Each license shall be renewed annually as provided in sub. (4) (b).

(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 bed and breakfast establishment. 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 bed and breakfast establishment 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.

Note: Under s. 97.605(4) (a) 2, Stats., "Immediate family member" means a spouse, grandparent, parent, sibling, child, stepchild, or grandchild or the spouse of a grandparent, parent, sibling, child, stepchild, or grandchild. Under ss. 97.605(4) (a) 1 and 180.1100(1g), Stats., a "business entity" means: a corporation, as defined in s. 180.0103(5), Stats., a limited liability company, as defined in s. 183.0102(10), Stats., a limited partnership, or a corporation, as defined in s. 181.0103(5), Stats., a foreign limited liability company, as defined in s. 183.0102(8), Stats., a foreign limited partnership, a foreign corporation, as defined in s. 180.0103(9), Stats., or a foreign corporation, as defined in s. 181.0103(13), Stats.

(4) LICENSE APPLICATION.

(a)Initial license. Application for an initial or new license shall be made on an application form furnished by the department or its agent and shall be accompanied by all of the following:

1. The applicable fees specified under s. ATCP 73.05 and any fees previously due to the department or its agent.

2. Documentation that the department of safety and professional services has approved plans and specifications for the bed and breakfast, if required.

3. Information, as determined by the department or its agent, indicating that the bed and breakfast establishment will be maintained and operated in compliance with applicable federal and state laws and that rules have been implemented for the operation of the bed and breakfast establishment that will protect the health, safety, and welfare of the public.

Note: To obtain a copy of the a bed and breakfast establishment operator license application form, or to determine which agent to contact for an application form, call (608) 224-4923 or send an e-mail to datcpdfslicensing@wi.gov.

(b)Renewal license. To renew the license of the bed and breakfast establishment, the operator shall pay the department, the applicable establishment license fee specified under s. ATCP 73.05 before the license expires. If the payment to renew the license of a bed and breakfast establishment is not made to the department before the expiration date of the establishment license, the late fee specified under s. ATCP 73.05 shall be paid in addition to the license fee.

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 license 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.

(5) DEPARTMENT ACTION ON LICENSE APPLICATION.

(a) The department or its agent shall issue or deny a license within 30 days after receiving a complete application, all applicable fees, and the other information required under sub. (4).

(b) Except as provided in s. 93.135, Stats., the initial issuance, renewal, or continued validity of a license issued under this subsection may be conditioned upon the requirement that the license holder correct a violation of this chapter, ss. 97.603 to 97.65, Stats., or ordinances adopted under s. 97.615(2) (g), Stats., within a period of time specified. If the condition is not met within the specified time or after an extension of time as approved by the department, the license is void. No person may operate a bed and breakfast establishment after a license has been voided under this paragraph, and any person who does so shall be subject to the penalties under ss. 97.72 and 97.73, Stats. An owner whose license is voided under this paragraph may appeal the decision under s. ATCP 73.08.

(c) The department or its agent may refuse to issue or renew a license to operate a bed and breakfast establishment under any of the following circumstances:

1. The department or its agent has not conducted a preinspection of the bed and breakfast establishment for which an initial or new license is required under sub. (1).

2. The owner of a bed and breakfast establishment has not corrected a condition for which the department or agent has issued a written health or safety-related order.

3. All applicable fees under s. ATCP 73.05 have not been paid, including the license fee, preinspection fee, reinspection fee, or other applicable fees.

4. The owner has modified, repaired or maintained the bed and breakfast establishment in a manner that is not in accordance with what the department recognizes as safe practice as outlined in this chapter.

5. The owner, applicant, or license holder has failed to provide the department or its agent with information required under sub. (4).

6. The owner or applicant has violated ch. 97, Stats., this chapter, or any order, ordinance, or regulation created by a village, city, county, or local board of health having jurisdiction, provided such violation is related to the operation of the bed and breakfast establishment.

(d) If the department or its agent denies an application for a license, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights under s. ATCP 73.08.

(6) VOIDED LICENSE FOR FAILURE TO PAY FEES. If an applicant or owner fails to pay all applicable fees, late fees and processing charges under s. ATCP 73.05 within 15 days after the applicant or owner receives notice of an insufficiency under s. ATCP 73.05, or within 45 days after the expiration of the license, whichever occurs first, the license is void. An owner whose license is voided under this subsection may appeal the decision under s. ATCP 73.08. In an appeal concerning a voided license under this subsection, the burden is on the license applicant or owner to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the bed and breakfast establishment is deemed to be operation without a license and is subject to the fees under s. ATCP 73.05 (2) in addition to the fees otherwise due, unless the applicant or owner meets its burden of proof under this subsection.

(7) LICENSE POSTING. A current license issued by the department shall be posted in a place visible to the public. A license may not be altered or defaced.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 73.04

Renumbered from DHS 197.04 Register June 2016 No. 726, correction in (1) (a), (3), (4) (a) 1., (b), (5) (b), (c) 3., 6., (d), (6) made under s. 13.92(4) (b) 7, Stats., Register June 2016 No. 726, eff. 7/1/2016

Amended by, CR 18-019: am. (title), (1) to (3), (4) (title), (a) (intro.), (b), (5) (title), (a), (b), (c) (intro.), 1., 3., 5., (d), (6), (7) Register January 2020 No. 769, eff. 2-1-20; correction in (4) (b) made under s. 35.17, Stats., Register January 2020 No. 769, eff. 2/1/2020

Amended by, correction in (3) made under s. 13.92 (4) (b) 7, Stats., Register February 2023 No. 806, eff. 3/1/2023