Section 73.04. Permits.

 

(1)   Permit 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 permit 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 permit is required for each bed and breakfast establishment.

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

(2)   Permit duration and renewal.

(a) Each permit issued under this chapter expires on June 30, except that a permit initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year.

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

(3)   Transferability of permits. An individual may transfer a permit 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. 179.70 (1) , Stats., or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a permit to the newly formed business entity or sole proprietorship if the bed and breakfast establishment remains at the location for which the permit was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the permit was issued has an ownership interest in the newly formed sole proprietorship or business entity. Except as provided in this subsection, no permit issued under this chapter is transferable from one premise to another or from one person or entity to another.

(4)   Permit application.

(a) Initial permit. Application for an initial or new permit 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.

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

(5)   Department action on permit application.

(a) The department or its agent shall issue or deny a permit 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 permit issued under this subsection may be conditioned upon the requirement that the permit 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 permit is void. No person may operate a bed and breakfast establishment after a permit 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 permit 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 permit 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 permit 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 permit 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 permit 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 permit, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights under s. ATCP 73.08 .

(6)   Voided permit 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 permit, whichever occurs first, the permit is void. An owner whose permit is voided under this subsection may appeal the decision under s. ATCP 73.08 . In an appeal concerning a voided permit under this subsection, the burden is on the permit 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 permit 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)   Permit posting. A current permit issued by the department shall be posted in a place visible to the public. A permit may not be altered or defaced.

History: Cr. Register, June, 1985, No. 354 , eff. 7-1-85; emerg. am. (1), cr. (1m), eff. 7-1-94; am. (1), cr. (1m), Register, January, 1995, No. 469 ; emerg. am. (1m), eff. 7-1-96; am. (1m), Register, January, 1997, No. 493 , eff. 2-1-97; am. (1m), cr. (1m) (e), Register, August, 1998, No. 512 , eff. 9-1-98; CR 01-016 : am. (1m) (a) and (d) and r. (1m) (e) Register May 2002 No. 557 , eff. 6-1-02; CR 08-073 : renum. from HFS 197.04, r. and recr. Register January 2009 No. 637 , eff. 2-1-09; correction in (4) (a) 2. made under s. 13.92 (4) (b) 6. , Stats., Register January 2012 No. 673 ; renum. 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 .

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 179.70 (1) , 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. Microsoft Windows NT 6.1.7601 Service Pack 1 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 [phone] or send an e-mail to [e-mail] . Microsoft Windows NT 6.1.7601 Service Pack 1 Local health departments that are agents for the department have authority under s. 97.615 (2) (d) , Stats., to establish and collect fees for permits issued by the local health department. If your establishment was permitted by a local health department, contact the local health department for its permit fee schedule. Microsoft Windows NT 6.1.7601 Service Pack 1