Chapter DHS 196
RESTAURANTS
DHS 196.01 Authority and purpose.
DHS 196.02 Applicability.
DHS 196.05 Department fees.
DHS 196.07 Suspension or revocation of permit.
DHS 196.08 Appeals of actions by the department.
DHS 196.09 Appeals of actions by agent health departments.
DHS 196.10 Special organizations serving meals.
DHS 196.12 Adoption of Wisconsin food code.
Ch. DHS 196 Note
Note: Chapter H 96 was renumbered chapter HSS 196 effective August 1, 1982. Chapter HSS 196 as it existed on June 30, 1985 was repealed and a new chapter HSS 196 was created effective July 1, 1985. Chapter HSS 196 was renumbered chapter HFS 196 under s. 13.93 (2m) (b) 1., Stats., corrections made under s. 13.93 (2m) (b) 6. and 7., Stats.,
Register, January, 1997, No. 492. Chapter HFS 196 as it existed on January 31, 2001 was repealed and a new chapter HFS 196 was created effective February 1, 2001. Chapter HFS 196 was renumbered chapter DHS 196 effective February 1, 2009.
DHS 196.01
DHS 196.01
Authority and purpose. Sections
254.71 (6) and
254.74 (1), Stats., authorize the department to prescribe rules for restaurants and to enforce those rules for the purpose of protecting public health and safety. This chapter, including the appendix, establishes definitions; sets standards for management and personnel and for safe food operations and equipment and facilities; provides for restaurant plan review, permit issuance, inspection and enforcement actions; and requires food protection practices certification for restaurant operators and managers. For purposes of the appendix, a restaurant is a type of food service establishment.
DHS 196.01 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 08-073: renum. from HFS 196.01
Register January 2009 No. 637, eff. 2-1-09.
DHS 196.02
DHS 196.02
Applicability. The provisions of this chapter, including the appendix, apply to any restaurant, mobile restaurant, temporary restaurant or special organization serving meals, except that ch.
9 of the appendix applies only to mobile restaurants, ch.
10 of the appendix applies only to temporary restaurants. Chapter
12 of the appendix, relating to food protection practices certification of operators and managers, does not apply to temporary restaurants or to special organizations serving meals.
DHS 196.02 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 04-093: am.
Register June 2005 No. 594, eff. 7-1-05;
CR 08-073: renum. from HFS 196.02
Register January 2009 No. 637, eff. 2-1-09.
DHS 196.03
DHS 196.03
Definitions. In addition to the following definitions, the definitions in part 1-2 of the appendix apply to this chapter:
DHS 196.03(1)
(1) "Agent" means the city, county or village designated by the department to issue permits to and make investigations or inspections of restaurants, including temporary restaurants and mobile restaurants.
DHS 196.03(1g)
(1g) "Catering" is the activity of providing food for a specific event at a location other than the licensed restaurant on a contractual, prearranged basis to a predefined subset of the general public, such as invited guests to a wedding or similar celebration, or to participants in an organized group or activity. Catering does not include the sale of individual meals directly to the consumer.
DHS 196.03(1r)
(1r) "Contract cook" is a person who specializes in a home food service and prepares food in the home of an individual only for members of that household and houseguests for private parties.
DHS 196.03(2)
(2) "Department" means the Wisconsin department of health services.
DHS 196.03(3)
(3) "Immediate family member" means any of the following:
DHS 196.03(3)(b)
(b) A grandparent, parent, sibling, child, grandchild or stepchild.
DHS 196.03(4)
(4) "Mobile restaurant" has the meaning of "mobile food establishment" in the appendix.
DHS 196.03(4m)
(4m) "Pre-packaged restaurant" means a restaurant that serves only individually wrapped single food servings that are prepared and packaged off-premise by a licensed processor with preparation on the premise limited to heating and serving.
DHS 196.03(5)
(5) "Restaurant" means any building, room or place where meals are prepared, served or sold to transients or the general public, and all places used in connection with the building, room or place and includes any public or private school lunchroom for which food service is provided by contract. "Restaurant" does not include any of the following:
DHS 196.03(5)(a)
(a) Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish or bread and butter.
DHS 196.03(5)(b)
(b) Churches; religious, fraternal, youths' or patriotic organizations, service clubs and civic organizations that occasionally prepare, serve or sell meals to transients or the general public.
DHS 196.03(5)(c)
(c) Any public or private school lunchroom for which food service is directly provided by the school.
DHS 196.03(5)(e)
(e) A private individual selling food from a movable or temporary stand at a public farm sale.
DHS 196.03(5)(f)
(f) The serving of food or beverage through a licensed vending machine.
DHS 196.03(5)(g)
(g) 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.
DHS 196.03(5)(h)
(h) A concession stand at a locally sponsored sporting event, such as a little league game. In this paragraph, "concession stand" means a food stand that serves meals and is operated exclusively for the benefit of a participating youth sports team or program or the governing youth sports organization, and "locally sponsored sporting event" means a competitive game, taking place inside or outside, specifically for youth, that is organized or sponsored by one or more local business, governmental or other civic organization, or by parents of the youth, including a school-sponsored interscholastic sports competition.
DHS 196.03 Note
Note: For the purposes of this chapter, the term "restaurant" is synonymous with the term "food establishment" used in the appendix.
DHS 196.03(6)
(6) "Special organization serving meals" means a restaurant licensed under s.
254.64, Stats., operated by a church or a religious, fraternal, youth or patriotic organization or a service club or civic organization that prepares, serves or sells meals to which members of the general public are invited, for at least 4 but not more than 12 days during any 12-month period. "Meals", as used in this subsection, does not include a meal that is incidental to normal activities intended exclusively for members of the particular special organization nor does it include a meal served in conjunction with a church worship service, such as a funeral or wedding or to persons who attended that service.
DHS 196.03(7)
(7) "Temporary restaurant" has the meaning of "temporary food establishment" in the appendix.
DHS 196.03 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 04-093: cr. (1g), (1r) and (4m), r. and recr. (6)
Register June 2005 No. 594, eff. 7-1-05;
CR 08-073: renum. from HFS 196.03 and am. (2)
Register January 2009 No. 637, eff. 2-1-09.
DHS 196.04(1)(a)(a) Except as specified in
pars. (c) and
(d), no restaurant may be opened to the public until the owner of the restaurant 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. Table DHS 196.05 B or C, whichever is applicable. A separate permit is required for each restaurant.
DHS 196.04(1)(b)
(b) If any permit holder sells or otherwise transfers ownership or operation of a restaurant to another person, except as provided in
sub. (3), a new initial permit is required, and the restaurant may not be opened to the public until the department has issued a new permit.
DHS 196.04(1)(c)
(c) A contract cook who adheres to all of the following is exempt from the permit requirement under
par. (a):
DHS 196.04(1)(c)1.
1. The contract cook is paid for his or her service, culinary skills, technique, or expertise.
DHS 196.04(1)(c)2.
2. The contract cook either uses food provided by the person employing the cook's services or the cook shops for food from a list provided by the person.
DHS 196.04(1)(c)3.
3. The contract cook uses only the home kitchen of the person requesting the food service to prepare food for the person.
DHS 196.04(1)(c)4.
4. The contract cook does not prepare or store food in bulk quantities for use at multiple sites or for meals served to the general public. If a contract cook prepares or stores food in bulk quantities for use at multiple sites or for meals served to the general public, the contract cook shall obtain a restaurant permit.
DHS 196.04(1)(c)5.
5. The contract cook does not transport any portion of a meal prepared by the contract cook from one location to another location. If a contract cook transports any portion of a meal prepared by the contract cook from one location to another location, the contract cook shall obtain a restaurant permit.
DHS 196.04(1)(d)
(d) A caterer operating from the caterer's permitted restaurant is not required to obtain a restaurant permit for the locations where the caterer serves food.
DHS 196.04(2)(a)(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.
DHS 196.04(3)
(3) Transferability of permits. An individual may transfer a permit to an immediate family member, as defined in s.
254.64 (4) (a) 2, Stats., if the individual is transferring operation of the restaurant. 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 restaurant 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.
DHS 196.04 Note
Note: Under s. s.
254.64 (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.
254.64 (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.
DHS 196.04(4)(a)(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:
DHS 196.04(4)(a)2.
2. Documentation that the department of safety and professional services has approved plans and specifications for the restaurant, if required.
DHS 196.04(4)(a)3.
3. Information, as determined by the department or its agent, indicating that the restaurant will be maintained and operated in compliance with applicable federal and state laws and that rules have been implemented for the operation of the restaurant that will protect the health, safety, and welfare of the public.
DHS 196.04 Note
Note: To obtain a copy of the application form for a permit to operate a restaurant or to determine which agent to contact for an application form, write or phone: Bureau of Environmental and Occupational Health (BEOH), P.O. Box 2659, Madison, Wisconsin 53701-2659 (608-266-2835). You may also contact the BEOH at
www.dhs.wi.gov/fsrl.
DHS 196.04(4)(b)
(b)
Renewal permit. To renew the license of a restaurant, the owner shall pay the department, the license fee specified under s. Table DHS 196.05 B or C, as applicable, before the license expires. If the payment to renew the license of an establishment is not made to the department before the expiration date of the establishment license, the late fee specified under
s. DHS 196.05 (4) (c) shall be paid in addition to the license fee.
DHS 196.04 Note
Note: Local health departments that are agents for the department have authority under s.
254.69 (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.
DHS 196.04(5)(a)(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).
DHS 196.04(5)(b)
(b) Except as provided in ss.
250.041 and
254.115, Stats., the initial issuance, renewal or continued validity of a permit issued under this paragraph may be conditioned upon the requirement that the permit holder correct a violation of this chapter, s.
254.64, Stats., or ordinances adopted under s.
254.69 (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 approved by the department, the permit is void. No person may operate a restaurant after a permit has been voided under this paragraph, and any person who does so shall be subject to the penalties under s.
254.88, Stats. An owner whose permit is voided under this paragraph may appeal the decision under
s. DHS 196.08.
DHS 196.04(5)(c)
(c) The department or its agent may refuse to issue or renew a permit to operate a restaurant under any of the following circumstances:
DHS 196.04(5)(c)1.
1. The department or its agent has not conducted a preinspection of a restaurant for which an initial or new permit is required under
sub. (1).
DHS 196.04(5)(c)2.
2. The owner of a restaurant has not corrected a condition for which the department or agent has issued a written health or safety-related order.
DHS 196.04(5)(c)3.
3. All applicable fees under
s. DHS 196.05 have not been paid, including the permit fee, preinspection fee, reinspection fee, or other applicable fees.
DHS 196.04(5)(c)4.
4. The owner has modified, repaired or maintained the restaurant in a manner that is not in accordance with what the department recognizes as safe practice as outlined in this chapter.
DHS 196.04(5)(c)5.
5. The owner, applicant, or permit holder has failed to provide the department or its agent with information required under
sub. (4).
DHS 196.04(5)(c)6.
6. The owner or applicant has violated
ch. 254, 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 restaurant.
DHS 196.04(5)(d)
(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. DHS 196.08.
DHS 196.04(6)
(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. DHS 196.05 within 15 days after the applicant or owner receives notice of an insufficiency under
s. DHS 196.05 (6), 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. DHS 196.08. 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 restaurant is deemed to be operation without a permit and is subject to the fees under
s. DHS 196.05 (4) (e) in addition to the fees otherwise due, unless the applicant or owner meets its burden of proof under this subsection.
DHS 196.04(7)
(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.
DHS 196.04 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 01-016: r. and recr. (2) (b) to (e), cr. (f) and (2m)
Register May 2002 No. 557, eff. 6-1-02;
CR 04-093: am. (1) (b), (2) (b) 4. and table HFS 196.04, cr. (1) (d) and (e)
Register June 2005 No. 594, eff. 7-1-05;
CR 08-073: renum. from HFS 196.04, r. and recr.
Register January 2009 No. 637, eff. 2-1-09; corrections in (4) (b) and (6) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637; correction in (4) (a) 2. made under s.
13.92 (4) (b) 6., Stats.,
Register January 2012 No. 673.
DHS 196.05(1)(1)
Definition. In this subsection, "seating capacity" means the number of seats available for use by restaurant patrons.
DHS 196.05(2)(a)1.1. Except with respect to a prepackaged restaurant, a temporary restaurant, or a mobile restaurant base with no food preparation, the department shall assign a restaurant to a permit category by evaluating the complexity of the restaurant based on the criteria specified in Table DHS 196.05 A.
DHS 196.05(2)(a)2.
2. A restaurant whose point value equals zero, shall be included in the simple permit category.
