ATCP 75.103(2r)(c)3. 3. Members and guests of a religious organization, such as a church, synagogue, temple, or mosque, who are served a meal in conjunction with a religious service or celebration when the meal is prepared by members of the religious organization.
ATCP 75.103(2r)(c)4. 4. Members and guests of a fraternal, patriotic, or service organization who are served a meal prepared by the organization's members or affiliates, when the meal is part of, or incidental to, a meeting of the organization.
ATCP 75.103(2r)(c)5. 5. Employees attending an occasional meal prepared by management or their coworkers for the purpose of expressing appreciation or building workplace morale.
ATCP 75.103(2r)(c)6. 6. Guests attending a meal served in connection with a birthday, anniversary, or similar celebration if the food is prepared by persons participating in the celebration.
ATCP 75.103(2r)(c)7. 7. Residents, patients, employees, or visitors of patients or residents of a health care facility, defined in s. 150.84 (2), Stats.
ATCP 75.103(2r)(c)8. 8. Residents, clients, employees, or visitors of residents or clients of a facility licensed under ch. 48, Stats.
ATCP 75.103(2r)(c)9. 9. Inmates, residents, employees, or guests of inmates or residents of a prison, defined in s. 302.01, Stats., a county jail, defined in s. 302.30, Stats., a juvenile correctional facility, defined in s. 938.02 (10p), Stats., or a juvenile detention facility, defined in s. 938.02 (10r), Stats.
ATCP 75.103(3) (3)“Immediate family member" means any of the following:
ATCP 75.103(3)(a) (a) A spouse.
ATCP 75.103(3)(b) (b) A grandparent, parent, sibling, child, grandchild, or stepchild.
ATCP 75.103(3)(c) (c) The spouse of a person under par. (b).
ATCP 75.103(3m)(a)(a) “Meal" means any ready-to-eat food served or sold to the general public in individual or prepackaged single portions or servings for immediate on-premises consumption, or transported off-premises in individual prepackaged carryout servings for immediate consumption, or specifically preordered individual or multiple serving portions which are transported to an off-premises location for immediate consumption.
ATCP 75.103(3m)(b) (b) “Meal" includes but is not limited to sandwiches, individual portions of cured and pickled food sold from bulk containers, hard boiled eggs, hot ready-to-eat soup, or raw or cooked processed foods sold or served in individual portions.
ATCP 75.103(3m)(c) (c) “Meal" does not include soft drinks, ice cream, milk, milk drinks, coffee, tea, ices, confections, pastry items, or food items sold by the weight, count, or piece in individual packages which require further preparation for consumption at another location.
ATCP 75.103(4) (4)“Mobile restaurant" has the meaning of “mobile food establishment" in ch. ATCP 75 Appendix.
ATCP 75.103(4f) (4f)“Occasional" or “occasionally" means not more than 3 days during any 12-month period.
ATCP 75.103(4i) (4i)“Premises" means each individual building, space, or stand where food is prepared, served, or sold.
ATCP 75.103(4m) (4m)“Prepackaged restaurant" means a restaurant that serves only individually wrapped single food servings that are prepared and packaged off-premise by a licensed processor with preparation on the premise limited to heating and serving.
ATCP 75.103(5) (5)“Restaurant" means any building, room or place where meals are prepared, served, or sold to transients or the general public, and all places used in connection with the building, room, or place and includes any public or private school lunchroom for which food service is provided by contract. “Restaurant" does not include any of the following:
ATCP 75.103(5)(a) (a) Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish, or bread and butter.
ATCP 75.103(5)(b) (b) Churches; religious, fraternal, youth, or patriotic organizations; service clubs; and civic organizations that occasionally prepare, serve, or sell meals to transients or the general public.
ATCP 75.103(5)(c) (c) Any public or private school lunchroom for which food service is directly provided by the school.
ATCP 75.103(5)(d) (d) Bed and breakfast establishments.
ATCP 75.103(5)(e) (e) A private individual selling food from a movable or temporary stand at a public farm sale.
ATCP 75.103(5)(f) (f) The serving of food or beverage through a licensed vending machine.
ATCP 75.103(5)(g) (g) Any college campus as defined in s. 36.05 (6m), Stats., institution as defined in s. 36.51 (1) (b), Stats., or technical college that serves meals only to the students enrolled in the college campus, institution or school or to authorized elderly persons under s. 36.51 or 38.36, Stats.
ATCP 75.103(5)(h) (h) A concession stand at a locally sponsored sporting event, such as a little league game. In this paragraph, “concession stand" means a food stand that serves meals and is operated exclusively for the benefit of a participating youth sports team or program or the governing youth sports organization, and “locally sponsored sporting event" means a competitive game, taking place inside or outside, specifically for youth, that is organized or sponsored by one or more local business, governmental, or other civic organization, or by parents of the youth, including a school-sponsored interscholastic sports competition.
ATCP 75.103 Note Note: For the purposes of this subchapter, the term “restaurant" is synonymous with the term “food establishment" used in ch. ATCP 75 Appendix.
ATCP 75.103(6) (6)“Special organization serving meals" means a restaurant licensed under s. 97.605, Stats., operated by a church or a religious, fraternal, youth or patriotic organization or a service club or civic organization that prepares, serves, or sells meals to which members of the general public are invited, for at least 4 but not more than 12 days during any 12-month period. “Meals", as used in this subsection, does not include a meal that is incidental to normal activities intended exclusively for members of the particular special organization nor does it include a meal served in conjunction with a church worship service, such as a funeral or wedding or to persons who attended that service.
ATCP 75.103(7) (7)“Temporary restaurant" means a restaurant that operates at a fixed location in conjunction with a single event or celebration such as a fair, carnival, circus, public exhibition, or anniversary sale for a period of no more than 14 consecutive days or in conjunction with an occasional sales promotion.
ATCP 75.103 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 04-093: cr. (1g), (1r) and (4m), r. and recr. (6) Register June 2005 No. 594, eff. 7-1-05; CR 08-073: renum. from HFS 196.03 and am. (2) Register January 2009 No. 637, eff. 2-1-09; CR 12-038: cr. (2g), (2r), (3m), (4f), (4i), am. (7) Register June 2013 No. 690, eff. 9-1-13; renumber (2r) (c) to (2r) (c) (intro.), 1. to 9. under s. 13.92 (4) (b) 1., Stats., correction in (intro.), (4), made under s. 13.92 (4) (b) 7., Stats., Register June 2013 No. 690; renum. from DHS 196.03 Register June 2016 No. 726; correction in (intro.), (4), (6) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726; correction in (2r) (c) 2., 5., (4m), (5) (b) under s. 35.17, Stats., Register June 2016 No. 726.
ATCP 75.104 ATCP 75.104Permits.
ATCP 75.104(1)(1)Permit required.
ATCP 75.104(1)(a)(a) Except as specified in pars. (c) and (d), no restaurant may be opened to the public until the owner of the restaurant has obtained a permit from the department or its agent by submitting an application under sub. (4) and paying the applicable fee specified in Table ATCP 75.105 B or C, whichever is applicable. A separate permit is required for each restaurant.
ATCP 75.104(1)(b) (b) If any permit holder sells or otherwise transfers ownership or operation of a restaurant to another person, except as provided in sub. (3), a new initial permit is required, and the restaurant may not be opened to the public until the department has issued a new permit.
ATCP 75.104(1)(c) (c) A contract cook who adheres to all of the following is exempt from the permit requirement under par. (a):
ATCP 75.104(1)(c)1. 1. The contract cook is paid for his or her service, culinary skills, technique, or expertise.
ATCP 75.104(1)(c)2. 2. The contract cook either uses food provided by the person employing the cook's services or the cook shops for food from a list provided by the person.
ATCP 75.104(1)(c)3. 3. The contract cook uses only the home kitchen of the person requesting the food service to prepare food for the person.
ATCP 75.104(1)(c)4. 4. The contract cook does not prepare or store food in bulk quantities for use at multiple sites or for meals served to the general public. If a contract cook prepares or stores food in bulk quantities for use at multiple sites or for meals served to the general public, the contract cook shall obtain a restaurant permit.
ATCP 75.104(1)(c)5. 5. The contract cook does not transport any portion of a meal prepared by the contract cook from one location to another location. If a contract cook transports any portion of a meal prepared by the contract cook from one location to another location, the contract cook shall obtain a restaurant permit.
ATCP 75.104(1)(d) (d) A caterer operating from the caterer's permitted restaurant is not required to obtain a restaurant permit for the locations where the caterer serves food.
ATCP 75.104(2) (2)Permit duration and renewal.
ATCP 75.104(2)(a) (a) Each permit issued under this subchapter expires on June 30, except that a permit initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year.
ATCP 75.104(2)(b) (b) Each permit shall be renewed annually as provided in sub. (4) (b).
ATCP 75.104(3) (3)Transferability of permits. An individual may transfer a permit to an immediate family member, as defined in s. 97.605 (4) (a) 2., Stats., if the individual is transferring operation of the restaurant. A sole proprietorship that reorganizes as a business entity, as defined in s. 179.70 (1), Stats., or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a permit to the newly formed business entity or sole proprietorship if the restaurant remains at the location for which the permit was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the permit was issued has an ownership interest in the newly formed sole proprietorship or business entity. Except as provided in this subsection, no permit issued under this subchapter is transferable from one premise to another or from one person or entity to another.
ATCP 75.104 Note Note: Under s. s. 97.605 (4) (a) 2., Stats., “Immediate family member" means a spouse, grandparent, parent, sibling, child, stepchild, or grandchild or the spouse of a grandparent, parent, sibling, child, stepchild, or grandchild. Under ss. 97.605 (4) (a) 1. and 179.70 (1), Stats., a “business entity" means: a corporation, as defined in s. 180.0103 (5), Stats., a limited liability company, as defined in s. 183.0102 (10), Stats., a limited partnership, or a corporation, as defined in s. 181.0103 (5), Stats., a foreign limited liability company, as defined in s. 183.0102 (8), Stats., a foreign limited partnership, a foreign corporation, as defined in s. 180.0103 (9), Stats., or a foreign corporation, as defined in s. 181.0103 (13), Stats.
ATCP 75.104(4) (4)Permit application.
ATCP 75.104(4)(a) (a) Initial permit. Application for an initial or new permit shall be made on an application form furnished by the department or its agent and shall be accompanied by all of the following:
ATCP 75.104(4)(a)1. 1. The applicable fees specified under s. ATCP 75.105 and any fees previously due to the department or its agent.
ATCP 75.104(4)(a)2. 2. Documentation that the department of safety and professional services has approved plans and specifications for the restaurant, if required.
ATCP 75.104(4)(a)3. 3. Information, as determined by the department or its agent, indicating that the restaurant will be maintained and operated in compliance with applicable federal and state laws and that rules have been implemented for the operation of the restaurant that will protect the health, safety, and welfare of the public.
ATCP 75.104 Note Note: To obtain a copy of the retail food establishment - restaurant operator license application form, or to determine which agent to contact for an application form, call (608) 224-4923 or send an e-mail to datcpdfslicensing@wi.gov.
ATCP 75.104(4)(b) (b) Renewal permit. To renew the license of a restaurant, the owner shall pay the department, the license fee specified under Table ATCP 75.105 B or C, as applicable, before the license expires. If the payment to renew the license of an establishment is not made to the department before the expiration date of the establishment license, the late fee specified under s. ATCP 75.105 (4) (c) shall be paid in addition to the license fee.
ATCP 75.104 Note Note: Local health departments that are agents for the department have authority under s. 97.615 (2) (d), Stats., to establish and collect fees for licenses issued by the local health department. If your establishment was licensed by a local health department, contact the local health department for its license fee schedule.
ATCP 75.104(5) (5)Department action on permit application.
ATCP 75.104(5)(a)(a) The department or its agent shall issue or deny a permit within 30 days after receiving a complete application, all applicable fees, and the other information required under sub. (4).
ATCP 75.104(5)(b) (b) Except as provided in s. 93.135, Stats., the initial issuance, renewal, or continued validity of a permit issued under this paragraph may be conditioned upon the requirement that the permit holder correct a violation of this subchapter, s. 97.605, Stats., or ordinances adopted under s. 97.615 (2) (g), Stats., within a period of time specified. If the condition is not met within the specified time or after an extension of time as approved by the department, the permit is void. No person may operate a restaurant after a permit has been voided under this paragraph, and any person who does so shall be subject to the penalties under ss. 97.72 and 97.73, Stats. An operator whose permit is voided under this paragraph may appeal the decision under s. ATCP 75.108.
ATCP 75.104(5)(c) (c) The department or its agent may refuse to issue or renew a permit to operate a restaurant under any of the following circumstances:
ATCP 75.104(5)(c)1. 1. The department or its agent has not conducted a preinspection of a restaurant for which an initial or new permit is required under sub. (1).
ATCP 75.104(5)(c)2. 2. The owner of a restaurant has not corrected a condition for which the department or agent has issued a written health or safety-related order.
ATCP 75.104(5)(c)3. 3. All applicable fees under s. ATCP 75.105 have not been paid, including the permit fee, preinspection fee, reinspection fee, or other applicable fees.
ATCP 75.104(5)(c)4. 4. The owner has modified, repaired or maintained the restaurant in a manner that is not in accordance with what the department recognizes as safe practice as outlined in this subchapter.
ATCP 75.104(5)(c)5. 5. The owner, applicant, or permit holder has failed to provide the department or its agent with information required under sub. (4).
ATCP 75.104(5)(c)6. 6. The owner or applicant has violated ch. 97, Stats., this subchapter, ch. ATCP 75 Appendix, 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 restaurant.
ATCP 75.104(5)(d) (d) If the department or its agent denies an application for a permit, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights under s. ATCP 75.108.
ATCP 75.104(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. ATCP 75.105 within 15 days after the applicant or owner receives notice of an insufficiency under s. ATCP 75.105 (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. ATCP 75.108. 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. ATCP 75.105 (4) (e) in addition to the fees otherwise due, unless the applicant or owner meets its burden of proof under this subsection.
ATCP 75.104(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.
ATCP 75.104 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; renum. from DHS 196.04 Register June 2016 No. 726; correction in (1) (a), (2) (a), (3), (4) (a) 1., (b), (5) (b), (c) 3., 4., 6., (d), (6) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.
ATCP 75.105 ATCP 75.105Department fees.
ATCP 75.105(1)(1)Definition. In this subsection, “seating capacity" means the number of seats available for use by restaurant patrons.
ATCP 75.105(2) (2)Restaurant permit category assignment.
ATCP 75.105(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 ATCP 75.105 A.
ATCP 75.105(2)(a)2. 2. A restaurant whose point value equals zero, shall be included in the simple permit category.
ATCP 75.105(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.
ATCP 75.105(2)(a)4. 4. A restaurant whose point value equals 5 or greater shall be included in the complex permit category.
ATCP 75.105(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.
ATCP 75.105 Note Note: Cause of foodborne outbreaks are determined using standard epidemiological practices.
ATCP 75.105(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.
ATCP 75.105 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. - See PDF for table PDF
ATCP 75.105(3) (3)Fee schedules. The fees listed in Table ATCP 75.105 B shall apply to permits issued from April 1, 2009 through March 31, 2011. The fees listed in Table ATCP 75.105 C shall apply to permits issued on or after April 1, 2011.
ATCP 75.105 Note Note: Local health departments that are agents for the department have authority under s. 97.615 (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.
ATCP 75.105(4) (4)Types of fees.
ATCP 75.105(4)(a) (a) Preinspection fee. The owner of a restaurant shall, pursuant to sub. (4), pay the applicable preinspection fee listed in Table ATCP 75.105 B or C to the department before an initial or new permit is issued under s. ATCP 75.104.
ATCP 75.105(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 ATCP 75.105 B or C for each restaurant that the operator applies for a permit to operate under s. ATCP 75.104 (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.
ATCP 75.105(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.
ATCP 75.105(4)(d) (d) Reinspection fee. If the department conducts a reinspection of a restaurant under s. ATCP 75.106 (1) (b) the owner shall, pursuant to sub. (4), pay to the department the applicable reinspection fee listed in Table ATCP 75.105 B or C. The department shall assess an additional reinspection fee as listed in Table ATCP 75.105 B or C, whichever is applicable. for any additional reinspection conducted under s. ATCP 75.106 (1) (b) 4.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.