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.
DHS 196.05(2)(a)3.
3. A restaurant whose point value is at least one but not greater than 4 shall be included in the moderate permit category.
DHS 196.05(2)(a)4.
4. A restaurant whose point value equals 5 or greater shall be included in the complex permit category.
DHS 196.05(2)(a)5.
5. A restaurant that has been ordered closed by a state or local health department or that has caused a foodborne outbreak within the previous licensing year shall be included in the complex category.
DHS 196.05 Note
Note: Cause of foodborne outbreaks are determined using standard epidemiological practices.
DHS 196.05(2)(b)
(b) The operator of a restaurant may ask the department to reconsider the restaurant's permit category assignment within 30 days of the category assignment.
DHS 196.05 Note
Note: To request reconsideration of permit category assignment call the Bureau of Environmental Health at 608-266-2835 or send your written request to the Bureau of Environmental Health, P.O. Box 2659, Madison, WI 53701-2659.
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See PDF for table 
DHS 196.05(3)
(3) Fee schedules. The fees listed in Table DHS 196.05 B shall apply to permits issued from April 1, 2009 through March 31, 2011. The fees listed in Table DHS 196.05 C shall apply to permits issued on or after April 1, 2011.
DHS 196.05 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 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.
DHS 196.05(4)(a)(a)
Preinspection fee. The owner of a restaurant shall, pursuant to
sub. (4), pay the applicable preinspection fee listed in Table DHS 196.05 B or C to the department before an initial or new permit is issued under
s. DHS 196.04.
DHS 196.05(4)(b)
(b)
Permit fee. The operator of a restaurant that serves meals prepared from raw, canned, dried, packaged or frozen foods shall, pursuant to
sub. (4), pay an annual permit fee to the department as listed in Table DHS 196.05 B or C for each restaurant that the operator applies for a permit to operate under
s. DHS 196.04 (1) or
(2). Except for a prepackaged restaurant, a temporary restaurant, or a mobile restaurant base with no food preparation, the annual permit fee shall be based on the permit category assigned to the restaurant under
sub. (2). In addition, $100.00 shall be charged per area for any physically separate food holding, serving, or preparation area.
DHS 196.05(4)(c)
(c)
Late fee. If the permit fee for a permit renewal is not paid before the expiration date of the permit, the owner of the restaurant shall pay to the department a late fee of $85.00 in addition to the renewal permit fee.
DHS 196.05(4)(d)
(d)
Reinspection fee. If the department conducts a reinspection of a restaurant under
s. DHS 196.06 (1) (b) the owner shall, pursuant to
sub. (4), pay to the department the applicable reinspection fee listed in Table DHS 196.05 B or C. The department shall assess an additional reinspection fee as listed in Table DHS 196.05 B or C, whichever is applicable. for any additional reinspection conducted under
s. DHS 196.06 (1) (b) 4.
DHS 196.05(4)(e)
(e)
Fees for operating without a permit. Any restaurant found to be operating without a permit shall pay to the department a fee of $749.00, in addition to all applicable fees and any processing charges under
s. DHS 196.04 (6).
DHS 196.05 Note
Note: Anyone operating a restaurant without a permit is also subject to a fine of not less than $100 nor more than $1,000 under s.
254.88, Stats.
DHS 196.05(4)(f)
(f)
Duplicate permit. The department shall charge the operator of a restaurant $15 for a duplicate permit.
DHS 196.05(4)(g)
(g)
Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department's permitting and licensing responsibilities, the departments shall charge the operator or the entity requesting the inspection or consultation $175.
DHS 196.05(4)(h)
(h)
Fee for operating without a Wisconsin certified food manager. The department shall charge the operator of a restaurant $150 for operating without a Wisconsin certified food manager.
DHS 196.05 Note
Note: Requirements for certified food managers may be found in chapter 12 of the ch.
DHS 196 appendix.
DHS 196.05(5)
(5) Method of payment. If the payment for an initial or renewal permit 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. (4) and the financial institution's processing charges by cashier's check or other certified draft, money order, or cash.
DHS 196.05(6)
(6) Change of operator. The operator of a restaurant shall promptly notify the department in writing of his or her intention to cease operations and shall supply the department with the name and mailing address of any prospective new operator.
DHS 196.05 Note
Note: To notify the Department of a change in operator, write: Bureau of Environmental Health, P.O. Box 2659, Madison, Wisconsin 53701-2659.
DHS 196.05(7)
(7) Plan review. The department or its agent, when it deems necessary, may require the operator of a new or extensively remodeled restaurant to submit equipment layout plans, equipment schedules, detailed descriptions of food processing operations, or menus to determine if the restaurant is complying with this chapter. A request for plans under this subsection does not replace or supersede plan review requirements of the Wisconsin department of safety and professional services, division of buildings and safety.
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See PDF for table -
See PDF for table DHS 196.05 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09; correction in (7) made under s.
13.92 (4) (b) 6., Stats.,
Register January 2012 No. 673.
DHS 196.06(1)(a)(a)
Inspections. Under ss.
254.69 (2) and
254.85 (1), Stats., an authorized employee or agent of the department, upon presenting proper identification, may enter any restaurant at any reasonable time, for any of the following purposes:
DHS 196.06(1)(a)5.
5. To examine and copy relevant documents and records provided such information is related to the operation of the restaurant.
DHS 196.06(1)(a)6.
6. To obtain photographic or other evidence needed to enforce this chapter.
DHS 196.06(1)(b)1.1. The department or its agent may reinspect a restaurant 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 restaurant.
DHS 196.06(1)(b)2.
2. A reinspection shall be scheduled to allow the owner a reasonably sufficient time to correct the deficiencies.
DHS 196.06(1)(b)3.
3. A reinspection fee shall be charged for the reinspection according to Table DHS 196.05 B or C, whichever is applicable, or the applicable charges as determined by an agent of the department.
DHS 196.06(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 reinspection fee according to Table DHS 196.05 B or C, whichever is applicable, as authorized under
s. DHS 196.05. The department may order the owner to show just cause why the permit should not be suspended or revoked under
s. DHS 196.07.
DHS 196.06(2)(a)(a) If upon inspection of a restaurant, the department or agent finds that the restaurant is not designed, constructed, equipped or operated as required under this chapter, the department or agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the time period within which the correction should be made. The time period specified in the order may be extended at the discretion of the department or agent.
DHS 196.06(2)(b)
(b) If the order to correct violations is not carried out by the expiration of the time period stated in the order, or any extension of time granted for compliance, the department or agent may issue an order under
s. DHS 196.07 to suspend or revoke the permit to operate the restaurant.
DHS 196.06(2)(c)
(c) Under s.
254.88, Stats., any person who fails to comply with an order of the department shall forfeit $50 for each day of noncompliance after the order is served upon or directed to him or her. A person may appeal a forfeiture under
s. DHS 196.08.
DHS 196.06(3)(a)(a) As provided in s.
254.85, Stats., whenever the department or agent has reasonable cause to believe that an immediate danger to health or safety exists as a result of an inspection under
sub. (1), the department or agent may issue a temporary order without advance notice or hearing to do any of the following:
DHS 196.06(3)(a)1.
1. Prohibit the continued operation or method of operation of specific equipment.
DHS 196.06(3)(a)2.
2. Require the premises to cease operations and close until remedies are applied which eliminate the immediate danger to health or safety.
DHS 196.06(3)(b)1.1. A temporary order shall take effect upon delivery to the operator or responsible supervisor. Except as provided in
par. (c), the temporary order shall remain in effect for 14 days from the date of delivery, but a temporary order may be re-issued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.
DHS 196.06(3)(b)2.
2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or agent until the order has terminated or the time period specified in
subd. 1. has expired, whichever occurs first. If, upon completed analysis or examination, the department or agent determines that construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health or safety, the department or agent shall immediately notify the owner, operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.
DHS 196.06(3)(c)
(c) If the analysis or examination shows that the construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health or safety, the department or agent, within the effective period of the temporary order specified in
par. (b) 1., shall provide written notice of the findings to the owner, operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under
s. DHS 196.08. The notice shall include a statement that the facility has a right to request a hearing under
s. DHS 196.08 within 15 days after issuance of the notice.
DHS 196.06(3)(d)
(d) Any person who fails to comply with a temporary order issued by the department may be fined not more than $10,000 or imprisoned not more than one year in the county jail, or both, under s.
254.85 (5) (a), Stats.
DHS 196.06 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01; correction in (4) made under s. 13.93 (2m) (b) 7., Stats.,
Register May 2002 No. 557;
CR 08-073: renum. from HFS 196.06, r. and recr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 196.07
DHS 196.07
Suspension or revocation of permit. The department may, after a hearing under
s. DHS 196.08, suspend or revoke a permit for violation of ss.
254.61 to
254.88, Stats., this chapter or an order issued by the department. The suspension or revocation order shall take effect 15 days after the date of issuance unless a hearing is requested under
s. DHS 196.08.
DHS 196.07 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 196.08
DHS 196.08
Appeals of actions by the department. DHS 196.08(1)(a)
(a) Except as provided in
sub. (2) or
(3), a request for a hearing for denial of a permit, a voided permit, suspension, revocation, forfeiture, or an order given under
s. DHS 196.06 (1) (a) 4. or
(2) shall be submitted in writing to the department of administration's division of hearings and appeals within 15 days after receipt of the notice of the department's action.
DHS 196.08(1)(b)
(b) A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark.
DHS 196.08(1)(c)
(c) A request for hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals.
DHS 196.08(1)(d)
(d) A request for hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division's facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.
DHS 196.08 Note
Note: A request for hearing can be submitted by mail or hand-delivered to the Division of Hearings and Appeals, at 5005 University Ave., Room 201, Madison, WI 53705-5400, or faxed to the Division at (608) 264-9885.
DHS 196.08(1)(e)
(e) As a condition for requesting a hearing under this subsection to appeal the voiding of a permit, an applicant or owner shall comply with
sub. (3). In an appeal concerning voiding a permit, the burden is on the applicant or owner to show that the entire applicable fees, late fees and processing charges have been paid.
DHS 196.08(2)
(2) A request for hearing on a temporary order given by the department under
s. DHS 196.06 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the owner agree to a later date, the immediate danger to health is removed, the order is not contested or the owner and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s.
227.47, Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health:
DHS 196.08(2)(b)
(b) Changes in or cessations of any operation or method of operation of the equipment or premises.
DHS 196.08 Note
Note: A request for a hearing under sub. (2) may be submitted by mail or hand-delivered to the Department of Health Services, at 1 W. Wilson St., Room 650, P.O. Box 7850, Madison, WI, 53707-7850, or faxed to the Department at (608) 266-7882. The hearing may be conducted by the department secretary, the secretary's designee, or a hearing examiner under s.
227.43 (1) (bu), Stats.
DHS 196.08(3)
(3) If the department voids a permit under
s. DHS 196.04 (6), the owner shall submit, within 15 days after receipt of the notice of the department's action, documentary evidence that all applicable fees, late fees and processing charges have been paid and that there are no outstanding payments due to the department.
DHS 196.08 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 196.09
DHS 196.09
Appeals of actions by agent health departments. If an agent issues a permit under this chapter, the agent shall create enforcement and appeal procedures under ss.
66.0417 and
254.69 (2) (g), Stats.
DHS 196.09 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 196.10
DHS 196.10
Special organizations serving meals. DHS 196.10(1)(1)
Applicable rules. In addition to the specific requirements of this chapter, Chapter
1 to Chapter
7 in the appendix apply to special organizations serving meals as applicable.
DHS 196.10(2)
(2) Supervision. An individual who has successfully completed a department-approved food handler training course or who has been trained in food handling by the department or agent staff shall personally supervise meal preparation and serving.
DHS 196.10(3)(a)(a) A department approved food handler training course shall consist of a minimum of 2 hours instruction time in all of the following subjects:
DHS 196.10(3)(a)1.
1. Temperature control of potentially hazardous food during preparation.
