254.64(3)(b)
(b) A restaurant may operate as a vending machine commissary without a vending machine commissary permit.
254.64(4)(a)(a) In this subsection "immediate family member" means one of the following:
254.64(4)(a)2.
2. A grandparent, parent, sibling, child, stepchild or grandchild.
254.64(4)(b)
(b) Except as provided in
par. (d), no permit is transferable from one premises to another or from one person to another.
254.64(4)(d)
(d) The holder of a permit issued under this section may transfer the permit to 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.
254.64(5)
(5) All permits expire on June 30, except that permits initially issued during the period beginning on April 1 and ending on June 30 expire on June 30 of the following year.
254.65(1)(1) The department or a local health department granted agent status under
s. 254.69 (2) may not grant a permit to a person intending to operate a new hotel, tourist rooming house, bed and breakfast establishment, restaurant or vending machine commissary or to a person intending to be the new operator of an existing hotel, tourist rooming house, bed and breakfast establishment, restaurant or vending machine commissary without a preinspection. This section does not apply to a temporary restaurant or when a permit is transferred under
s. 254.64 (4) (d).
254.65(2)
(2) Agents designated by the department under
s. 254.69 (1) shall make preinspections of vending machine commissaries as required under this subsection and shall be reimbursed for those services at the rate of 80% of the preinspection fee designated in this subsection. Agents designated by the department under
s. 254.69 (2) shall make preinspections of hotels, restaurants and tourist rooming houses and establish and collect preinspection fees under
s. 254.69 (2) (d).
254.65 History
History: 1983 a. 203 ss.
10,
16,
19;
1983 a. 538;
1987 a. 27,
81;
1993 a. 27 s.
68; Stats. 1993 s. 254.65.
254.66
254.66
Average annual surveys. The department or a local health department granted agent status under
s. 254.69 (2) shall annually make a number of inspections of restaurants in this state that shall equal the number of restaurants for which annual permits are issued under
s. 254.64 (1) (a).
254.66 History
History: 1987 a. 27;
1993 a. 27 s.
69; Stats. 1993 s. 254.66.
254.67
254.67
Vending machine commissary outside the state. Foods, beverages and ingredients from commissaries outside the state may be sold within the state if such commissaries conform to the provisions of the food establishment sanitation rules of this state or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the department may accept reports from the responsible authority in the jurisdiction where the commissaries are located.
254.67 History
History: 1975 c. 413 s.
13; Stats. 1975 s. 50.52;
1993 a. 27 s.
70; Stats. 1993 s. 254.67.
254.68
254.68
Fees. Except as provided in
s. 254.69 (2) (d) and
(e), the department shall promulgate rules that establish, for permits issued under
s. 254.64, permit fees, preinspection fees, reinspection fees, fees for operating without a permit, late fees for untimely permit renewal, fees for comparable compliance or variance requests, and fees for pre-permit review of restaurant plans.
254.69
254.69
Agent status for local health departments. 254.69(1)(1)
Vending operations. In the administration and enforcement of this subchapter, the department may use local health departments as its agents in making inspections and investigations of vending machine commissaries, vending machine operators and vending machines if the jurisdictional area of the local health department has a population greater than 5,000. If the designation is made and the services are furnished, the department shall reimburse the local health department furnishing the service at the rate of 80% of the net license fee per license per year issued in the jurisdictional area.
254.69(2)
(2) Hotels, restaurants, tourist rooming houses and other establishments. 254.69(2)(am)(am) In the administration of this subchapter or
s. 254.47, the department may enter into a written agreement with a local health department with a jurisdictional area that has a population greater than 5,000, which designates the local health department as the department's agent in issuing permits to and making investigations or inspections of hotels, restaurants, temporary restaurants, tourist rooming houses, bed and breakfast establishments, campgrounds and camping resorts, recreational and educational camps and public swimming pools. In a jurisdictional area of a local health department without agent status, the department of health and family services may issue permits, collect fees established by rule under
s. 254.68 and make investigations or inspections of hotels, restaurants, temporary restaurants, tourist rooming houses, bed and breakfast establishments, campgrounds and camping resorts, recreational and educational camps and public swimming pools. If the department designates a local health department as its agent, the department or local health department may require no permit for the same operations other than the permit issued by the local health department under this subsection. The department shall coordinate the designation of agents under this subsection with the department of agriculture, trade and consumer protection to ensure that, to the extent feasible, the same local health department is granted agent status under this subsection and under
s. 97.41. Except as otherwise provided by the department, a local health department granted agent status shall regulate all types of establishments for which this subchapter permits the department of health and family services to delegate regulatory authority.
254.69(2)(b)
(b) A local health department granted agent status under this subsection shall meet standards promulgated, by rule, by the department of health and family services. The department shall annually evaluate the licensing, investigation and inspection program of each local health department granted agent status. If, at any time, a local health department granted agent status fails to meet the standards, the department of health and family services may revoke its agent status.
254.69(2)(c)
(c) The department shall provide education and training to agents designated under this subsection to ensure uniformity in the enforcement of this subchapter,
s. 254.47 and rules promulgated under this subchapter and
s. 254.47.
254.69(2)(d)
(d) Except as provided in
par. (dm), a local health department granted agent status under this subsection shall establish and collect the permit fee for each type of establishment. The local health department may establish separate fees for preinspections of new establishments, for preinspections of existing establishments for which a person intends to be the new operator or for the issuance of duplicate permits. No fee may exceed the local health department's reasonable costs of issuing permits to, making investigations and inspections of, and providing education, training and technical assistance to the establishments, plus the state fee established under
par. (e). A local health department granted agent status under this subsection or under
s. 97.41 may issue a single permit and establish and collect a single fee which authorizes the operation on the same premises of more than one type of establishment for which it is granted agent status under this subsection or under
s. 97.41.
254.69(2)(dm)
(dm) A local health department granted agent status under this subsection may contract with the department of health and family services for the department of health and family services to collect fees and issue permits. The department shall collect from the local health department the actual and reasonable cost of providing the services.
254.69(2)(e)
(e) The department shall establish state fees for its costs related to setting standards under this subchapter and
s. 254.47 and monitoring and evaluating the activities of, and providing education and training to, agent local health departments. Agent local health departments shall include the state fees in the permit fees established under
par. (d), collect the state fees and reimburse the department for the state fees collected. For each type of establishment, the state fee may not exceed 20% of the permit fees charged under
ss. 254.47 and
254.68.
254.69(2)(f)
(f) If, under this subsection, a local health department becomes an agent or its agent status is discontinued during a permittee's permit year, the department of health and family services and the local health department shall divide any permit fee paid by the permittee for that permit year according to the proportions of the permit year occurring before and after the local health department's agent status is granted or discontinued. No additional fee may be required during the permit year due to the change in agent status.
254.69(2)(g)
(g) A village, city or county may adopt ordinances and a local board of health may adopt regulations regarding the permittees and premises for which the local health department is the designated agent under this subsection, which are stricter than this subchapter,
s. 254.47 or rules promulgated by the department of health and family services under this subchapter or
s. 254.47. No such provision may conflict with this subchapter or with department rules.
254.69(2)(h)
(h) This subsection does not limit the authority of the department to inspect establishments in jurisdictional areas of local health departments where agent status is granted if it inspects in response to an emergency, for the purpose of monitoring and evaluating the local health department's licensing, inspection and enforcement program or at the request of the local health department.
254.69(2)(j)
(j) The department shall hold a hearing under
ch. 227 if any interested person, in lieu of proceeding under
ch. 68, appeals to the department alleging either of the following:
254.69(2)(j)1.
1. A permit fee established by a local health department granted agent status exceeds the reasonable costs described under
par. (d).
254.69(2)(j)2.
2. The person issuing, refusing to issue, suspending or revoking a permit or making an investigation or inspection of the appellant has a financial interest in a regulated establishment which may interfere with his or her ability to properly take that action.
254.69 Cross-reference
Cross Reference: See also ch.
HFS 192, Wis. adm. code.
254.70(1)(1) An applicant for a permit under this subchapter shall complete the application prepared by the department or the local health department granted agent status under
s. 254.69 (2) and provide, in writing, any additional information the department of health and family services or local health department issuing the permit requires.
254.70(2)
(2) Upon receipt of an application for a vending machine operator permit, the department may cause an investigation to be made of the applicant's commissary, servicing and transport facilities, if any, and representative machines and machine locations. The operator shall maintain at his or her place of business within this state a list of all vending machines operated by him or her and their location. This information shall be kept current and shall be made available to the department upon request. The operator shall notify the department of any change in operations involving new types of vending machines or conversion of existing machines to dispense products other than those for which such machine was originally designed and constructed.
254.70 History
History: 1975 c. 413 s.
13; Stats. 1975 s. 50.54;
1983 a. 163,
203,
538;
1987 a. 27 s.
3200 (24) (am);
1993 a. 27 s.
73; Stats. 1993 s. 254.70;
1995 a. 27 s.
9126 (19).
254.71
254.71
Certificate of food protection practices. 254.71(1)(1) After January 1, 1995, no person may conduct, maintain, manage or operate a restaurant unless the operator or manager of the restaurant holds a current, valid certificate of food protection practices issued by the department.
254.71(2)
(2) Except as provided in
s. 250.041, the department may issue a certificate of food protection practices to an individual who satisfactorily completes a written examination, approved by the department, that demonstrates the individual's basic knowledge of food protection practices or who has achieved comparable compliance.
254.71(3)
(3) Each certificate is valid for 5 years from the date of issuance and, except as provided in
s. 250.041, may be renewed by the holder of the certificate if he or she satisfactorily completes a recertification training course approved by the department.
254.71(5)
(5) The department shall conduct evaluations of the effect that the food protection practices certification program has on compliance by restaurants with requirements established under
s. 254.74 (1).
254.71(6)
(6) The department shall promulgate rules concerning all of the following:
254.71(6)(a)
(a) Establishing a fee for certification and recertification of food protection practices.
254.71(6)(b)
(b) Specifying standards for approval of training courses for recertification of food protection practices.
254.71(6)(c)
(c) Establishing procedures for issuance, except as provided in
s. 250.041, of certificates of food protection practices, including application submittal and review.
254.71 History
History: 1991 a. 39;
1993 a. 16;
1993 a. 27 s.
74; Stats. 1993 s. 254.71;
1997 a. 27,
191.
254.71 Cross-reference
Cross Reference: See also ch.
HFS 196, Wis. adm. code.
254.72
254.72
Health and safety; standard. Every hotel, tourist rooming house, bed and breakfast establishment, restaurant, temporary restaurant, vending machine commissary and vending machine shall be operated and maintained with a strict regard to the public health and safety and in conformity with this subchapter and the rules and orders of the department.
254.72 History
History: 1975 c. 413 s.
13; Stats. 1975 s. 50.55;
1983 a. 163,
203,
538;
1987 a. 27;
1993 a. 27 s.
75; Stats. 1993 s. 254.72.
254.72 Cross-reference
Cross Reference: See also chs.
HFS 195,
196,
197, and
198, Wis. adm. code.
254.73(1)(1) Every hotel with sleeping accommodations with more than 12 bedrooms above the first story shall, between the hours of 12 midnight and 6 a.m. provide a system of security personnel patrol, or of mechanical and electrical devices, or both, adequate, according to standards established by the department of commerce, to warn all guests and employees in time to permit their evacuation in case of fire.
254.73(2)
(2) Every hotel shall offer to every guest, at the time of registration for accommodation and of making a reservation for accommodation, an opportunity to identify himself or herself as a person needing assistance in an emergency because of a physical condition and shall keep a record at the registration desk of where each person so identified is lodged. No hotel may lodge any person so identified in areas other than those designated by the local fire department as safe for persons so identified, based on the capabilities of apparatus normally available to the fire company or companies assigned the first alarm. A person who does not identify himself or herself as permitted in this subsection may be lodged in the same manner as any other guest. Violation of this subsection shall be punished by a forfeiture of not more than $50 for the first violation and not more than $100 for each subsequent violation.
254.73 History
History: 1975 c. 112,
199;
1975 c. 413 s.
13; Stats. 1975 s. 50.56;
1985 a. 135;
1993 a. 27 s.
76; Stats. 1993 s. 254.73;
1995 a. 27 ss.
6343,
9116 (5).
254.74
254.74
Powers of the department and local health departments. 254.74(1)(1) The department shall do all of the following:
254.74(1)(a)
(a) Administer and enforce this subchapter, the rules promulgated under this subchapter and any other rules or laws relating to the public health and safety in hotels, tourist rooming houses, bed and breakfast establishments, restaurants, vending machine commissaries, vending machines and vending machine locations.
254.74(1)(b)
(b) Require hotels, tourist rooming houses, restaurants, vending machine operators and vending machine commissaries to file reports and information the department deems necessary.
254.74(1)(c)
(c) Ascertain and prescribe what alterations, improvements or other means or methods are necessary to protect the public health and safety on those premises.
254.74(1)(d)
(d) Prescribe rules and fix standards, including rules covering the general sanitation and cleanliness of premises regulated under this subchapter, the proper handling and storing of food on such premises, the construction and sanitary condition of the premises and equipment to be used and the location and servicing of equipment. The rules relating to the public health and safety in bed and breakfast establishments may not be stricter than is reasonable for the operation of a bed and breakfast establishment, shall be less stringent than rules relating to other establishments regulated by this subchapter and may not require 2nd exits for a bed and breakfast establishment on a floor above the first level.
254.74(1)(e)
(e) Hold a hearing under
ch. 227 if, in lieu of proceeding under
ch. 68, any interested person in the jurisdictional area of a local health department not granted agent status under
s. 254.69 appeals to the department of health and family services alleging that a permit fee for a hotel, restaurant, temporary restaurant, tourist rooming house, campground, camping resort, recreational or educational camp or public swimming pool exceeds the permit issuer's reasonable costs of issuing permits to, making investigations and inspections of, and providing education, training and technical assistance to the establishment.
254.74(1m)(a)(a) The department may grant an applicant for a permit to maintain, manage or operate a bed and breakfast establishment a waiver from the requirement specified under
s. 254.61 (1) (f) if the department determines that all of the following are true:
254.74(1m)(a)1.
1. The public health, safety or welfare would not be jeopardized.
254.74(1m)(b)
(b) A waiver granted under
par. (a) is valid for the period of validity of a permit that is issued to the applying bed and breakfast establishment under
s. 254.64 (1) (b).
254.74(1p)(a)(a) The department may grant the holder of a permit for a bed and breakfast establishment a waiver from the requirement specified under
s. 254.61 (1) (b) to allow the holder of a permit for a bed and breakfast establishment to serve breakfast to other tourists or transients if all of the following conditions are met:
254.74(1p)(a)1.
1. The department determines that the public health, safety or welfare would not be jeopardized.
254.74(1p)(a)2.
2. The other tourists or transients are provided sleeping accommodations in a tourist rooming house for which the permit holder for the bed and breakfast establishment is the permit holder.
254.74(1p)(a)3.
3. The tourist rooming house is located on the same property as the bed and breakfast establishment or on property contiguous to the property on which the bed and breakfast establishment is located.
254.74(1p)(a)4.
4. The number of rooms offered for rent in the bed and breakfast establishment combined with the number of rooms offered for rent in the tourist rooming house does not exceed 8.
254.74(1p)(a)5.
5. The number of tourists or transients who are provided sleeping accommodations in the bed and breakfast establishment combined with the number of tourists or transients who are provided sleeping accommodations in the tourist rooming house does not exceed 20.
254.74(1p)(b)
(b) A waiver granted under
par. (a) is valid for the period of validity of a permit that is issued for the bed and breakfast establishment under
s. 254.64 (1) (b).
254.74 Cross-reference
Cross Reference: See also chs.
HFS 195,
196,
197, and
198, Wis. adm. code.
254.76
254.76
Causing fires by tobacco smoking. 254.76(1)
(1) Any person who, by smoking, or attempting to light or to smoke cigarettes, cigars, pipes or tobacco, in any manner in which lighters or matches are employed, shall, in a careless, reckless or negligent manner, set fire to any bedding, furniture, curtains, drapes, house or any household fittings, or any part of any building specified in
sub. (2), so as to endanger life or property in any way or to any extent, shall be fined not less than $50 nor more than $250, together with costs, or imprisoned not less than 10 days nor more than 6 months or both.
254.76(2)
(2) In each sleeping room of all hotels, rooming houses, lodging houses and other places of public abode, a plainly printed notice shall be kept posted in a conspicuous place advising tenants of the provisions of this section.
254.76 History
History: 1975 c. 413 s.
13; Stats. 1975 s. 50.58;
1993 a. 27 s.
79; Stats. 1993 s. 254.76.
254.78
254.78
Authority of department of commerce. Nothing in this chapter shall affect the authority of the department of commerce relative to places of employment, elevators, boilers, fire escapes, fire protection, or the construction of public buildings.
254.78 History
History: 1975 c. 413 s.
13; Stats. 1975 s. 50.60;
1993 a. 27 s.
81; Stats. 1993 s. 254.78;
1995 a. 27 ss.
6344,
9116 (5).
254.79
254.79
Joint employment. The department and the department of commerce may employ experts, inspectors or other assistants jointly.
