AB845: Bill Text

LRB-4650/1

DAK&KSH:kmg:jlb

1995 - 1996 LEGISLATURE

1995 Assembly BILL 845

February 5, 1996 - Introduced by Representatives Jensen, Duff, Dobyns, Silbaugh, Porter, Green, Handrick, Kreibich, Olsen, Walker, Albers, Springer, Lazich, Klusman, F. Lasee, Huebsch, Grothman, Lehman, Wasserman, Ladwig and Nass, cosponsored by Senators Buettner, Darling, Huelsman and Zien. Referred to Committee on Small Business and Economic Development.

AB845,1,4 An Act to renumber and amend 254.64 (4) (d); and to create 254.64 (4) (d) 2. of the statutes; relating to: creating an exemption from preinspections and payment of preinspection fees for the transfer of a permit for operation of certain establishments under certain circumstances.

Analysis by the Legislative Reference Bureau

Under current law, if a person intends to operate a new hotel, tourist rooming house, bed and breakfast establishment, restaurant or vending machine commissary or intends to be the new operator of such an establishment, the establishment must be preinspected by the department of health and social services (DHSS) or a local health department that is granted the status of an agent of DHSS and the person must pay a preinspection fee. An exemption to these requirements exists if the holder of a permit for an establishment transfers the permit and the operation of the establishment or vending machine to an immediate family member.

This bill expands the exemption to the requirements for preinspection and payment of a preinspection fee for transferring a permit for the operation of hotels, tourist rooming houses, bed and breakfast establishments, restaurants or vending machine commissaries. Under the bill, an exemption applies when a permit holder transfers the permit to a corporation, limited liability company or partnership that is controlled by the person transferring the permit or by an immediate family member of the person transferring the permit.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB845, s. 1 Section 1. 254.64 (4) (d) of the statutes is renumbered 254.64 (4) (d) (intro.) and amended to read:

AB845,2,4 254.64 (4) (d) (intro.) The holder of a permit issued under this section may transfer the permit to an any of the following:

AB845,2,7 1. An individual who is an immediate family member if the holder is transferring operation of the establishment or vending machine to the immediate family member.

AB845, s. 2 Section 2. 254.64 (4) (d) 2. of the statutes is created to read:

AB845,2,12 254.64 (4) (d) 2. A corporation, limited liability company or partnership, if the corporation, limited liability company or partnership is controlled by the person who is transferring the permit or by an immediate family member of the person who is transferring the permit.

AB845,2,13 (End)