DHS 198.04(5)(c)6.
6. The vending machine operator 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 vending machine, vending machine commissary, or vending machine commissary storage.
DHS 198.04(5)(d)
(d) If the department 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 198.08.
DHS 198.04(6)
(6) Voided permit for failure to pay fees. If an applicant or vending machine operator fails to pay all applicable fees, late fees and processing charges under
s. DHS 198.05 within 15 days after the applicant or operator receives notice of an insufficiency under
s. DHS 198.05 (3), or within 45 days after the expiration of the permit, whichever occurs first, the permit is void. An operator whose permit is voided under this subsection may appeal the decision under
s. DHS 198.08. In an appeal concerning a voided permit under this subsection, the burden is on the permit applicant or operator 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 vending machine, vending machine commissary, or vending machine commissary storage is deemed to be operation without a permit and is subject to the fees under
s. DHS 198.05 (2) (e) in addition to the fees otherwise due, unless the applicant or operator meets its burden of proof under this subsection.
DHS 198.04(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 198.04 History
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, eff. 2-1-95; emerg. am. (1m) (a) 1., (b) 1., (c) and (e), eff. 7-1-96; am. (1m),
Register, January, 1997, No. 493, eff. 2-1-97; am. (1m), cr. (1m) (f),
Register, August, 1998, No. 512, eff. 9-1-98;
CR 01-016: r. and recr. (1) and (1m)
Register May 2002 No. 557, eff. 6-1-02;
CR 08-073: renum. from HFS 198.04, r. and recr.
Register January 2009 No. 637, eff. 2-1-09; corrections in (3) and (4) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637.
DHS 198.05(1)(1)
Fee schedules. The fees listed in Table DHS 198.05 A shall apply to permits issued from April 1, 2009 through March 31, 2011. The fees listed in Table DHS 198.05 B shall apply to permits issued on or after April 1, 2011.
DHS 198.05(2)(a)(a)
Preinspection fee. The operator of a vending machine commissary or vending machine commissary storage shall, pursuant to
sub. (1), pay the applicable preinspection fee listed in Table DHS 198.05 A or B to the department before an initial or new permit is issued under
s. DHS 198.04.
DHS 198.05(2)(b)
(b)
Permit fee. The operator of a vending machine, vending machine commissary, or vending machine commissary storage shall, pursuant to
sub. (1), pay the applicable permit fee listed in Table DHS 198.05 A or B to the department for each vending machine, vending machine commissary, or vending machine commissary storage that the operator applies for a permit to operate under
s. DHS 198.04 (1) or
(2).
DHS 198.05(2)(c)
(c)
Late fee. If the permit fee for an operator's, vending machine commissary, or vending machine commissary storage permit renewal is not paid before the expiration date of the permit, the operator of the vending machine commissary or vending machine commissary storage shall pay to the department a late fee of $85.00 in addition to the renewal permit fee for each permit for which the department receives after the expiration date of the permit.
DHS 198.05(2)(d)
(d)
Reinspection fee. If the department conducts a reinspection of a vending machine commissary or vending machine commissary storage under
s. DHS 198.06 (1) (b) 1. and
2., the vending machine operator shall pursuant to
sub. (1), pay to the department the applicable reinspection fee listed in Table DHS 198.05 A or B. The department shall assess an additional reinspection fee equal to the reinspection fee listed in Table DHS 198.05 A or B, whichever is applicable, for any additional reinspection conducted under
s. DHS 198.06 (1) (b) 4.
DHS 198.05(2)(e)1.1. For any operator, or vending machine commissary, or vending machine commissary storage found to be operating without a permit, the operator shall pay to the department $749 in addition to all applicable fees and processing charges under
s. DHS 198.04 (6).
DHS 198.05(2)(e)2.
2. For any vending machine found to be operating without a permit, the operator shall pay to the department 3 times the annual vending machine permit fee listed in Table DHS 198.05, in addition to all applicable fees and processing charges under
s. DHS 198.04 (6).
DHS 198.05 Note
Note: Anyone operating a vending machine, vending machine commissary, or vending machine commissary storage 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 198.05(2)(f)
(f)
Duplicate permit. The department shall charge the operator of a vending machine commissary or vending machine commissary storage $15 for a duplicate permit.
DHS 198.05(2)(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 198.05(3)
(3) 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. (1) and the financial institution's processing charges by cashier's check or other certified draft, money order, or cash.
-
See PDF for table 
-
See PDF for table DHS 198.05 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09; correction in (2) (e) 2. made under s.
13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637.
DHS 198.06(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 vending machine, vending machine commissary, or vending machine commissary storage at any reasonable time, for any of the following purposes:
DHS 198.06(1)(a)1.
1. To inspect the vending machine, vending machine commissary, or vending machine commissary.
DHS 198.06(1)(a)5.
5. To examine and copy relevant documents and records provided such information is related to the operation of the vending machine, vending machine commissary, or vending machine commissary.
DHS 198.06(1)(a)6.
6. To obtain photographic or other evidence needed to enforce this chapter.
DHS 198.06(1)(b)1.1. The department or its agent may reinspect a vending machine, vending machine commissary, or vending machine commissary storage 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 vending machine, vending machine commissary, vending machine commissary storage.
DHS 198.06(1)(b)2.
2. A reinspection shall be scheduled to allow the operator a reasonably sufficient time to correct the deficiencies.
DHS 198.06(1)(b)3.
3. A reinspection fee shall be charged for the reinspection according to Table DHS 198.05 A or B, or applicable charges as determined by an agent of the department.
DHS 198.06(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 operator an additional reinspection fee equal to the reinspection fee in Table DHS 198.05 A or B, as applicable, as authorized under
s. DHS 198.05 (2) (d), and the department may order the owner to show just cause why the permit should not be suspended or revoked under
s. DHS 198.07.
DHS 198.06(2)(a)(a) If upon inspection of a vending machine, vending machine commissary, or vending machine commissary storage, the department or agent finds that the vending machine, vending machine commissary, vending machine commissary storage 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 198.06(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 198.07 to suspend or revoke the permit to operate the vending machine or vending machine commissary.
DHS 198.06(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 198.08.
DHS 198.06(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 198.06(3)(a)1.
1. Prohibit the continued operation or method of operation of specific equipment.
DHS 198.06(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 198.06(3)(b)1.1. A temporary order shall take effect upon delivery to the operator. 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 198.06(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 198.06(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 198.08. The notice shall include a statement that the facility has a right to request a hearing under
s. DHS 198.08 within 15 days after issuance of the notice.
DHS 198.06(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 198.06 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 198.07
DHS 198.07
Suspension or revocation of permit. The department may, after a hearing under
s. DHS 198.08, 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 198.08 (1).
DHS 198.07 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 198.08
DHS 198.08
Appeals of actions by the department. DHS 198.08(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 198.06 (1) (b) 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 198.08(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 198.08(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 198.08(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 198.08 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 198.08(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 198.08(2)
(2) A request for hearing on a temporary order given by the department under
s. DHS 198.06 (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 198.08(2)(b)
(b) Changes in or cessations of any operation or method of operation of the equipment or premises.
DHS 198.08 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 198.08(3)
(3) If the department voids a permit under
s. DHS 198.04 (6), the vending machine operator 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 198.09
DHS 198.09
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 198.09 Note
Note: To obtain a copy of the application form for a permit to operate vending machines or a vending machine commissary, write: Bureau of Public Health, P.O. Box 309, Madison, Wisconsin 53701.
DHS 198.09 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 198.10
DHS 198.10
Compliance with restaurant rules. An operator shall ensure that each vending machine commissary or vending machine commissary storage that is operated is in compliance with the provisions of
ch. DHS 196. The department shall not grant a permit to a person intending to operate a new vending machine commissary or vending commissary storage or to a person intending to be the new operator of an existing vending machine commissary or vending machine commissary storage without a prior inspection of the commissary for compliance with the applicable provisions of this chapter and
ch. DHS 196.
DHS 198.10 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 198.11
DHS 198.11
Approval of vending machines and related equipment. DHS 198.11(1)(1)
Approval authority. All vending machines and related equipment used at a vending machine location shall be approved by:
DHS 198.11(1)(a)
(a) The department, on the basis of construction criteria developed by the national sanitation foundation (NSF) or the national automatic merchandising association (NAMA);
DHS 198.11(1)(b)
(b) An agent of the department, on the basis of the criteria under
par. (a); or
DHS 198.11(1)(c)
(c) A testing laboratory approved by the department. Testing laboratories approved by the department are the national sanitation foundation (NSF) and laboratories participating in the national automatic merchandising association (NAMA) vending machine evaluation program.
DHS 198.11 Note
Note: Department or agent approval is based upon the NSF or NAMA construction criteria. Copies of the criteria can be obtained by writing the National Sanitation Foundation, 3475 Plymouth Road, Ann Arbor, Michigan 48105 or the National Automatic Merchandising Association, 7 South Dearborn Street, Chicago, Illinois 60603. The criteria may be reviewed at the offices of the Secretary of State, the Legislative Reference Bureau, or the Department's Bureau of Public Health.
DHS 198.11(2)
(2) Issuance of a permit. The department shall issue a permit for each vending machine approved under
sub. (1).
DHS 198.11(3)
(3) Display of the permit. The vending machine operator shall ensure that each machine is identified at all times with the vending machine permit prescribed and furnished by the department. The vending machine permit shall be securely and conspicuously attached to the near center and upper front of the vending machine. The vending machine operator shall maintain the permit in a legible state. Vending machine permits are not transferable from one machine to another.
DHS 198.11(4)
(4) Inspection for evidence of approval. Whenever an authorized employee or agent of the department inspects a vending machine and finds that the vending machine does not contain an identifiable permit as required under
sub. (3), the authorized employee or agent of the department shall place the vending machine in a nonvend position by sealing the coin insert slot. Failure of the operator to maintain a nonvend condition until an authorized employee or agent of the department is satisfied that the vending machine is properly approved and identified shall be cause for an action under s.
254.88, Stats.
DHS 198.11 History
History: Cr.
Register, June, 1985, No. 354, eff. 7-1-85; correction in (4) made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 1995, No. 469;
CR 08-073: renum. from HFS 198.05
Register January 2009 No. 637, eff. 2-1-09.
DHS 198.12(1)(a)(a) A vending machine location record shall be maintained on file at the operator's place of business within the state. That record shall include the following location information for each machine:
DHS 198.12(1)(b)
(b) The entry under each machine in the vending machine location record shall include the machine serial number and model number, the department's permit number, and a designation of the machine by primary vending purpose. Primary vending purposes are heated, refrigerated, beverages, food other than beverages, and a combination of any 2 of these.
DHS 198.12(2)(a)(a) The area in which vending machines are placed shall be well-lighted, maintained in good repair and kept clean and free from accumulation of filth, garbage or rubbish.
DHS 198.12(2)(b)
(b) Each vending machine shall be located so that the space around, over and under the machine can be readily cleaned and is kept clean.
DHS 198.12(2)(c)
(c) The floor area on which a vending machine is located shall be reasonably smooth and of cleanable construction.
