SB21-SSA1,1247,2521 (b) A permit license issued under this section may be transferred from an
22individual to an immediate family member, as defined in s. 254.64 97.605 (4) (a) 2.,
23if the individual is transferring operation of the campground, camping resort,
24recreational or educational camp, or public swimming pool to the immediate family
25member.
SB21-SSA1,1248,6
1(c) A sole proprietorship that reorganizes as a business entity, as defined in s.
2179.70 (1), or a business entity that reorganizes as a sole proprietorship or a different
3type of business entity may transfer a permit license issued under this section for a
4campground, camping resort, recreational or educational camp, or public swimming
5pool to the newly formed business entity or sole proprietorship if all of the following
6conditions are satisfied:
SB21-SSA1,1248,97 1. The campground, camping resort, recreational or educational camp, or
8public swimming pool remains at the location for which the permit license was
9issued.
SB21-SSA1,1248,1210 2. At least one individual who had an ownership interest in the sole
11proprietorship or business entity to which the permit license was issued has an
12ownership interest in the newly formed sole proprietorship or business entity.
SB21-SSA1,4055 13Section 4055. 254.47 (2m) of the statutes is renumbered 97.67 (2m) and
14amended to read:
SB21-SSA1,1248,2115 97.67 (2m) Except as provided in ss. 250.041 and 254.115 s. 93.135, the initial
16issuance, renewal or continued validity of a permit license issued under this section
17may be conditioned upon the requirement that the permittee licensee correct a
18violation of this section, rules promulgated by the department under this section or
19ordinances adopted under s. 254.69 97.615 (2) (g), within a period of time that is
20specified. If the condition is not met within the specified period of time, the permit
21license is void.
SB21-SSA1,4056 22Section 4056. 254.47 (3) of the statutes is repealed.
SB21-SSA1,4057 23Section 4057. 254.47 (4) of the statutes is renumbered 97.67 (4) and amended
24to read:
SB21-SSA1,1249,7
197.67 (4) Permits Licenses issued under this section expire on June 30, except
2that permits licenses initially issued during the period beginning on April 1 and
3ending on June 30 expire on June 30 of the following year. Except as provided in s.
4254.69 97.615 (2) (d) and (e), the department shall promulgate rules that establish,
5for permits licenses issued under this section, amounts of permit license fees,
6preinspection pre-licensing inspection fees, reinspection fees, fees for operating
7without a license, and late fees for untimely permit license renewal.
SB21-SSA1,4058 8Section 4058. 254.47 (5) of the statutes is renumbered 97.67 (5) and amended
9to read:
SB21-SSA1,1249,2210 97.67 (5) No permit license may be issued under this section until all applicable
11fees have been paid. If the payment is by check or other draft drawn upon an account
12containing insufficient funds, the permit license applicant shall, within 15 days after
13receipt of notice from the department of the insufficiency, pay by cashier's check or
14other certified draft, money order or cash the fees from the department, late fees and
15processing charges that are specified by rules promulgated by the department. If the
16permit license applicant fails to pay all applicable fees, late fees and the processing
17charges within 15 days after the applicant receives notice of the insufficiency, the
18permit license is void. In an appeal concerning voiding of a permit license under this
19subsection, the burden is on the permit license applicant to show that the entire
20applicable fees, late fees and processing charges have been paid. During any appeal
21process concerning payment dispute, operation of the establishment in question is
22deemed considered to be operation without a permit license.
SB21-SSA1,4059 23Section 4059. 254.47 (5m) of the statutes is renumbered 97.67 (5m).
SB21-SSA1,4060 24Section 4060. 254.47 (6) of the statutes is renumbered 97.67 (6).
SB21-SSA1,4061
1Section 4061. 254.47 (7) of the statutes is renumbered 97.67 (7) and amended
2to read:
SB21-SSA1,1250,73 97.67 (7) The department may not require that a swimming pool be staffed by
4a lifeguard as a condition of receiving a permit license under this section if the
5swimming pool is less than 2,500 square feet, the swimming pool is located in a
6private club in the city of Milwaukee, and the club has a policy that prohibits a minor
7from using the swimming pool when not accompanied by an adult.
SB21-SSA1,4062 8Section 4062. Subchapter VII (title) of chapter 254 [precedes 254.61] of the
9statutes is repealed.
SB21-SSA1,4063 10Section 4063. 254.61 (title) of the statutes is repealed.
SB21-SSA1,4064 11Section 4064. 254.61 (intro.) of the statutes is repealed.
SB21-SSA1,4065 12Section 4065. 254.61 (1) of the statutes is renumbered 97.01 (1g).
SB21-SSA1,4066 13Section 4066. 254.61 (2) of the statutes is repealed.
SB21-SSA1,4067 14Section 4067. 254.61 (3) of the statutes is renumbered 97.01 (7).
SB21-SSA1,4068 15Section 4068. 254.61 (3m) of the statutes is renumbered 97.01 (13g).
SB21-SSA1,4069 16Section 4069. 254.61 (4) of the statutes is renumbered 97.01 (13r) and
17amended to read:
SB21-SSA1,1250,2218 97.01 (13r) "Public health and safety" means the highest degree of protection
19against infection, contagion or disease and freedom from the danger of fire or
20accident that can be reasonably maintained in the operation of a hotel, restaurant,
21tourist rooming house, bed and breakfast establishment, vending machine or
22vending machine commissary.
SB21-SSA1,4070 23Section 4070. 254.61 (5) of the statutes is renumbered 97.01 (14g), and 97.01
24(14g) (intro.), as renumbered, is amended to read:
SB21-SSA1,1251,7
197.01 (14g) (intro.) "Restaurant" means any building, room or place where
2meals are prepared or served or sold
at which the predominant activity is the
3preparation, service, or sale of meals
to transients or the general public, and
4including all places used in connection with it and includes including any public or
5private school lunchroom for which food service is provided by contract. " Meals" does
6not include soft drinks, ice cream, milk, milk drinks, ices and confections.
7"Restaurant" does not include:
SB21-SSA1,4071 8Section 4071. 254.61 (5m) of the statutes is renumbered 97.01 (15b).
SB21-SSA1,4072 9Section 4072. 254.61 (5r) of the statutes is renumbered 97.01 (15f).
SB21-SSA1,4073 10Section 4073. 254.61 (6) of the statutes is renumbered 97.01 (15k).
SB21-SSA1,4074 11Section 4074. 254.61 (7) of the statutes is renumbered 97.01 (15p).
SB21-SSA1,4075 12Section 4075. 254.61 (8) of the statutes is renumbered 97.01 (15s) and
13amended to read:
SB21-SSA1,1251,1914 97.01 (15s) "Vending machine commissary" means any building, room or place
15where the food, beverage, ingredients, containers, transport equipment or supplies
16for vending machines are kept, handled, prepared or stored by a vending machine
17operator. "Vending machine commissary" does not mean any place at which the
18operator is licensed to manufacture, distribute or sell food products under ch. 97 this
19chapter
.
SB21-SSA1,4076 20Section 4076. 254.61 (9) of the statutes is renumbered 97.01 (15w).
SB21-SSA1,4077 21Section 4077. 254.61 (10) of the statutes is renumbered 97.01 (15y).
SB21-SSA1,4078 22Section 4078. 254.62 of the statutes is renumbered 97.60.
SB21-SSA1,4079 23Section 4079. 254.63 of the statutes is renumbered 97.603.
SB21-SSA1,4080 24Section 4080. 254.64 of the statutes is renumbered 97.605, and 97.605 (title),
25(1), (1m), (1p), (2), (3), (4) (b), (d) and (e) and (5), as renumbered, are amended to read:
SB21-SSA1,1252,5
197.605 (title) Permit Lodging and vending licenses. (1) (a) No person may
2conduct, maintain, manage or operate a hotel, restaurant, temporary restaurant,
3tourist rooming house, vending machine commissary or vending machine if the
4person has not been issued an annual permit license by the department or by a local
5health department that is granted agent status under s. 254.69 97.615 (2).
SB21-SSA1,1252,86 (b) No person may maintain, manage or operate a bed and breakfast
7establishment for more than 10 nights in a year without having first obtained an
8annual permit license from the department.
SB21-SSA1,1252,219 (c) Except as provided in s. 250.041 93.135, no permit license may be issued
10under this section until all applicable fees have been paid. If the payment is by check
11or other draft drawn upon an account containing insufficient funds, the permit
12license applicant shall, within 15 days after receipt of notice from the department of
13the insufficiency, pay by cashier's check or other certified draft, money order or cash
14the fees, late fees and processing charges that are specified by rules promulgated by
15the department. If the permit license applicant fails to pay all applicable fees, late
16fees and processing charges within 15 days after the applicant receives notice of the
17insufficiency, the permit license is void. In an appeal concerning voiding of a permit
18license under this paragraph, the burden is on the permit license applicant to show
19that the entire applicable fees, late fees and processing charges have been paid.
20During any appeal process concerning payment dispute, operation of the
21establishment in question is deemed to be operation without a permit license.
SB21-SSA1,1253,222 (d) If a person or establishment otherwise licensed under ch. 97 this chapter
23is incidentally engaged in an activity for which a permit license is required under this
24section, the department may, by rule, exempt the person or establishment from the
25permit license requirement under this section. Rules under this paragraph shall

1conform to a memorandum of understanding between the department and the
2department of agriculture, trade and consumer protection.
SB21-SSA1,1253,6 3(1m) No county, city, village or town may require any permit license of, or
4impose any permit license or inspection fee on, a vending machine operator, vending
5machine commissary or vending machine permitted licensed under this subchapter
6chapter.
SB21-SSA1,1253,13 7(1p) Except as provided in s. 250.041 93.135, the department may condition the
8initial issuance, renewal or continued validity of a permit license issued under this
9section on correction by the permittee licensee of a violation of this subchapter, rules
10promulgated by the department under this subchapter or ordinances or regulations
11adopted under s. 254.69 97.615 (2) (g), within a specified period of time. If the
12permittee licensee fails to meet the condition within the specified period of time, the
13permit license is void.
SB21-SSA1,1253,16 14(2) Except as provided in sub. (3), a separate permit license is required for each
15hotel, tourist rooming house, bed and breakfast establishment, or vending machine
16commissary
.
SB21-SSA1,1253,18 17(3) (a) A bulk milk dispenser may be operated in a restaurant without a
18vending machine or vending machine operator permit license.
SB21-SSA1,1253,2019 (b) A restaurant may operate as a vending machine commissary without a
20vending machine commissary permit license.
SB21-SSA1,1253,22 21(4) (b) Except as provided in par. (d) or (e), no permit license is transferable from
22one premises to another or from one person to another.
SB21-SSA1,1254,223 (d) The holder of a permit license issued under this section may transfer the
24permit license to an individual who is an immediate family member if the holder is

1transferring operation of the hotel, tourist rooming house, bed and breakfast
2establishment, or vending machine to the immediate family member.
SB21-SSA1,1254,83 (e) A sole proprietorship that reorganizes as a business entity or a business
4entity that reorganizes as either a sole proprietorship or a different type of business
5entity may transfer a permit license issued under this section for operation of an a
6hotel, tourist rooming house, bed and breakfast
establishment , or vending machine
7commissary
to the newly formed business entity or sole proprietorship if the
8following conditions are satisfied:
SB21-SSA1,1254,119 1. The hotel, tourist rooming house, bed and breakfast establishment, or
10vending machine commissary
remains at the location for which the permit license
11was issued.
SB21-SSA1,1254,1412 2. At least one individual who had an ownership interest in the sole
13proprietorship or business entity to which the permit license was issued has an
14ownership interest in the newly formed sole proprietorship or business entity.
SB21-SSA1,1254,17 15(5) (a) Except as provided in par. (b), all permits licenses expire on June 30,
16except that permits licenses initially issued during the period beginning on April 1
17and ending on June 30 expire on June 30 of the following year.
SB21-SSA1,1254,2218 (b) 1. The local health department of a city of the 1st class that has entered into
19an agreement with the department under s. 254.69 97.615 (2) may issue a permit
20license for a restaurant or bed and breakfast establishment required under this
21section at any time during the year. A permit license issued under this subdivision
22shall expire one year from the date of its issuance.
SB21-SSA1,1255,823 2. The holder of a permit license for a restaurant or bed and breakfast
24establishment may request an extension to the term of a permit license issued under
25this section by the local health department of a city of the 1st class that has entered

1into an agreement with the department under s. 254.69 97.615 (2) for the purpose
2of aligning the annual term of any other license or permit issued to that permit
3license holder with the annual term of a permit license to be issued to that permit
4license holder under subd. 1. The local health department may require a permit
5license holder that receives an extension under this subdivision to pay a prorated fee
6in an amount determined by dividing the permit license fee imposed under s. 254.69
797.615 (2) by 12 and multiplying the quotient by the number of months by which the
8permit license issued under this section is extended under this subdivision.
SB21-SSA1,4081 9Section 4081. 254.65 of the statutes is renumbered 97.607 and amended to
10read:
SB21-SSA1,1255,19 1197.607 Preinspection Pre-licensing inspection. (1) The department or
12a local health department granted agent status under s. 254.69 97.615 (2) may not
13grant a permit license to a person intending to operate a new hotel, tourist rooming
14house, bed and breakfast establishment, restaurant or vending machine commissary
15or to a person intending to be the new operator of an existing hotel, tourist rooming
16house, bed and breakfast establishment, restaurant or vending machine commissary
17without a preinspection pre-licensing inspection. This section does not apply to a
18temporary restaurant or
when a permit license is transferred under s. 254.64 97.605
19(4) (d) or (e).
SB21-SSA1,1256,2 20(2) Agents designated by the department under s. 254.69 97.615 (1) shall make
21preinspections pre-licensing inspections of vending machine commissaries as
22required under this subsection and shall be reimbursed for those services at the rate
23of 80% of the preinspection pre-licensing inspection fee designated in this
24subsection. Agents designated by the department under s. 254.69 97.615 (2) shall
25make preinspections pre-licensing inspections of hotels, restaurants and tourist

1rooming houses and establish and collect preinspection pre-licensing inspection fees
2under s. 254.69 97.615 (2) (d).
SB21-SSA1,4082 3Section 4082. 254.66 of the statutes is renumbered 97.307 and amended to
4read:
SB21-SSA1,1256,9 597.307 Average annual surveys. The department or a local health
6department granted agent status under s. 254.69 (2) 97.41 shall annually make a
7number of inspections of restaurants in this state that shall equal the number of
8restaurants for which annual permits licenses are issued under s. 254.64 (1) (a)
997.30.
SB21-SSA1,4083 10Section 4083. 254.67 of the statutes is renumbered 97.61.
SB21-SSA1,4084 11Section 4084. 254.68 of the statutes is renumbered 97.613 and amended to
12read:
SB21-SSA1,1256,18 1397.613 Fees. Except as provided in s. 254.69 97.615 (2) (d) and (e), the
14department shall promulgate rules that establish, for permits licenses issued under
15s. 254.64, permit 97.605, license fees, preinspection pre-licensing inspection fees,
16reinspection fees, fees for operating without a permit license, late fees for untimely
17permit renewal, fees for comparable compliance or variance requests, and fees for
18pre-permit pre-license review of restaurant plans.
SB21-SSA1,4085 19Section 4085. 254.69 of the statutes is renumbered 97.615, and 97.615 (2)
20(title), (am), (b), (c), (d), (dm), (e), (f), (g), (h) and (j) 1. and 2., as renumbered, are
21amended to read:
SB21-SSA1,1257,2022 97.615 (2) (title) Hotels, restaurants, tourist rooming houses, and other
23establishments.
(am) In the administration of this subchapter or s. 254.47 97.67,
24the department may enter into a written agreement with a local health department
25with a jurisdictional area that has a population greater than 5,000, which designates

1the local health department as the department's agent in issuing permits licenses to
2and making investigations or inspections of hotels, restaurants, temporary
3restaurants,
tourist rooming houses, bed and breakfast establishments,
4campgrounds and camping resorts, recreational and educational camps , and public
5swimming pools. In a jurisdictional area of a local health department without agent
6status, the department of health services may issue permits licenses, collect fees
7established by rule under s. 254.68 97.613 and make investigations or inspections
8of hotels, restaurants, temporary restaurants, tourist rooming houses, bed and
9breakfast establishments, campgrounds and camping resorts, recreational and
10educational camps, and public swimming pools. If the department designates a local
11health department as its agent, the department or local health department may
12require no permit license for the same operations other than the permit license
13issued by the local health department under this subsection. The department shall
14coordinate oversee the designation of agents under this subsection with the
15department of agriculture, trade and consumer protection
to ensure that, to the
16extent feasible, the same local health department is granted agent status under this
17subsection and under s. 97.41. Except as otherwise provided by the department, a
18local health department granted agent status shall regulate all types of
19establishments for which this subchapter permits the department of health services
20to delegate regulatory authority.
SB21-SSA1,1258,221 (b) A local health department granted agent status under this subsection shall
22meet standards promulgated, by rule, by the department of health services. The
23department shall annually evaluate the licensing, investigation and inspection
24program of each local health department granted agent status. If, at any time, a local
25health department granted agent status fails to meet the standards, the department

1of health services agriculture, trade and consumer protection may revoke its agent
2status.
SB21-SSA1,1258,53 (c) The department shall provide education and training to agents designated
4under this subsection to ensure uniformity in the enforcement of this subchapter, s.
5254.47 97.67 and rules promulgated under this subchapter and s. 254.47 97.67.
SB21-SSA1,1258,196 (d) Except as provided in par. (dm), a local health department granted agent
7status under this subsection shall establish and collect the permit license fee for each
8type of establishment specified in par. (am). The local health department may
9establish separate fees for preinspections pre-licensing inspections of new
10establishments, for preinspections pre-licensing inspections of existing
11establishments for which a person intends to be the new operator or for the issuance
12of duplicate permits licenses. No fee may exceed the local health department's
13reasonable costs of issuing permits licenses to, making investigations and
14inspections of, and providing education, training and technical assistance to the
15establishments, plus the state fee established under par. (e). A local health
16department granted agent status under this subsection or under s. 97.41 may issue
17a single permit license and establish and collect a single fee which authorizes the
18operation on the same premises of more than one type of establishment for which it
19is granted agent status under this subsection or under s. 97.41.
SB21-SSA1,1258,2320 (dm) A local health department granted agent status under this subsection
21may contract with the department of health services for the department of health
22services
to collect fees and issue permits licenses. The department shall collect from
23the local health department the actual and reasonable cost of providing the services.
SB21-SSA1,1259,624 (e) The department shall establish state fees for its costs related to setting
25standards under this subchapter and s. 254.47 97.67 and monitoring and evaluating

1the activities of, and providing education and training to, agent local health
2departments. Agent local health departments shall include the state fees in the
3permit license fees established under par. (d), collect the state fees and reimburse the
4department for the state fees collected. For each type of establishment specified in
5par. (am)
, the state fee may not exceed 20% of the permit license fees charged under
6ss. 254.47 97.67 and 254.68 97.613.
SB21-SSA1,1259,137 (f) If, under this subsection, a local health department becomes an agent or its
8agent status is discontinued during a permittee's permit licensee's license year, the
9department of health services and the local health department shall divide any
10permit license fee paid by the permittee licensee for that permit license year
11according to the proportions of the permit license year occurring before and after the
12local health department's agent status is granted or discontinued. No additional fee
13may be required during the permit license year due to the change in agent status.
SB21-SSA1,1259,1914 (g) A village, city or county may adopt ordinances and a local board of health
15may adopt regulations regarding the permittees licensees and premises for which
16the local health department is the designated agent under this subsection, which are
17stricter than this subchapter, s. 254.47 97.67, or rules promulgated by the
18department of health services under this subchapter or s. 254.47 97.67. No such
19provision may conflict with this subchapter or with department rules.
SB21-SSA1,1259,2520 (h) This subsection does not limit the authority of the department to inspect
21hotels, tourist rooming houses, bed and breakfast establishments, or vending
22machine commissaries
in jurisdictional areas of local health departments where
23agent status is granted if it inspects in response to an emergency, for the purpose of
24monitoring and evaluating the local health department's licensing, inspection and
25enforcement program or at the request of the local health department.
SB21-SSA1,1260,2
1(j) 1. A permit license fee established by a local health department granted
2agent status exceeds the reasonable costs described under par. (d).
SB21-SSA1,1260,63 2. The person issuing, refusing to issue, suspending or revoking a permit
4license or making an investigation or inspection of the appellant has a financial
5interest in a regulated establishment specified in par. (am) which may interfere with
6his or her ability to properly take that action.
SB21-SSA1,4086 7Section 4086. 254.70 of the statutes is renumbered 97.617 and amended to
8read:
SB21-SSA1,1260,14 997.617 Application; lodging and vending. (1) An applicant for a permit
10license under this subchapter shall complete the application prepared by the
11department or the local health department granted agent status under s. 254.69
1297.615 (2) and provide, in writing, any additional information the department of
13health services agriculture, trade and consumer protection or local health
14department issuing the permit license requires.
SB21-SSA1,1260,24 15(2) Upon receipt of an application for a vending machine operator permit
16license, the department may cause an investigation to be made of the applicant's
17commissary, servicing and transport facilities, if any, and representative machines
18and machine locations. The operator shall maintain at his or her place of business
19within this state a list of all vending machines operated by him or her and their
20location. This information shall be kept current and shall be made available to the
21department upon request. The operator shall notify the department of any change
22in operations involving new types of vending machines or conversion of existing
23machines to dispense products other than those for which such machine was
24originally designed and constructed.
SB21-SSA1,4087
1Section 4087. 254.71 of the statutes is renumbered 97.33, and 97.33 (2), (3),
2(5) and (6) (c), as renumbered, are amended to read:
SB21-SSA1,1261,53 97.33 (2) Except as provided in s. 250.041 93.135, the department may issue
4a certificate of food protection practices to an individual who satisfactorily completes
5an approved examination or who has achieved comparable compliance.
SB21-SSA1,1261,8 6(3) Each certificate is valid for 5 years from the date of issuance and, except as
7provided in s. 250.041 93.135, may be renewed by the certificate holder if he or she
8satisfactorily completes an approved examination.
SB21-SSA1,1261,11 9(5) The department shall conduct evaluations of the effect that the food
10protection practices certification program has on compliance by restaurants with
11requirements established under s. 254.74 (1) 97.30 (5).
SB21-SSA1,1261,14 12(6) (c) Establishing procedures for issuance, except as provided in s. 250.041
1393.135, of certificates of food protection practices, including application submittal
14and review.
SB21-SSA1,4088 15Section 4088. 254.715 of the statutes is renumbered 97.305.
SB21-SSA1,4089 16Section 4089. 254.72 of the statutes is renumbered 97.62 and amended to
17read:
SB21-SSA1,1261,22 1897.62 Health and safety; standard. Every hotel, tourist rooming house, bed
19and breakfast establishment, restaurant, temporary restaurant, vending machine
20commissary and vending machine shall be operated and maintained with a strict
21regard to the public health and safety and in conformity with this subchapter and
22the rules and orders of the department.
SB21-SSA1,4090 23Section 4090. 254.73 of the statutes is renumbered 97.623.
SB21-SSA1,4091
1Section 4091. 254.74 of the statutes is renumbered 97.625, and 97.625 (1) (a),
2(am), (b), (d) and (e), (1p) (a) (intro.) and 2. and (b) and (2), as renumbered, are
3amended to read:
SB21-SSA1,1262,84 97.625 (1) (a) Administer and enforce this subchapter, the rules promulgated
5under this subchapter and any other rules or laws relating to the public health and
6safety in hotels, tourist rooming houses, bed and breakfast establishments,
7restaurants, vending machine commissaries, vending machines and vending
8machine locations.
SB21-SSA1,1262,179 (am) Promulgate rules, in consultation with the department of safety and
10professional services, under which the department of health services shall conduct
11regular inspections of sealed combustion units, as required under s. 101.149 (5) (c),
12for carbon monoxide emissions in hotels, tourist rooming houses, and bed and
13breakfast establishments. The rules shall specify conditions under which it may
14issue orders as specified under s. 101.149 (8) (a). The rules may not require the
15department of health services to inspect sealed combustion units during the period
16in which the sealed combustion units are covered by a manufacturer's warranty
17against defects.
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