SPS 221.03(25)
(25) “Temporary establishment" means a single building, structure, area or location where a tattooist or body piercer performs tattooing or body piercing for a maximum of 7 days per event.
SPS 221.03 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.03 and am. (10), cr. (11m)
Register January 2009 No. 637, eff. 2-1-09; correction in (1) under s.
13.92 (4) (b) 7., Stats., correction in (10) under s.
13.92 (4) (b) 6., Stats.,
Register December 2015 No. 720.
SPS 221.04(1)(a)1.1. No person may operate an establishment until the person has obtained a license from the department or its agent by submitting an application under
sub. (3) and paying the applicable fee specified under
s. SPS 221.05. A separate license is required for each establishment.
SPS 221.04 Note
Note: Local health departments that are agents for the department have authority under s.
463.16 (4), 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.
SPS 221.04(1)(a)2.
2. The operator of an establishment shall notify the department or its agent of the operator's intention to cease operations and shall supply the department with the name and mailing address of any new operator. An establishment license is not transferable. If an operator sells or otherwise transfers ownership or operation of an establishment to another person, a new initial license is required, and the establishment may not be opened to the public until the department has issued a new initial license.
SPS 221.04(1)(b)
(b)
Practitioner. No person may tattoo or body pierce another person, use or assume the title of tattooist or body piercer, or designate or represent himself or herself as a body piercer unless the person has obtained a license from the department by application made upon a form furnished by the department under
sub. (3).
SPS 221.04(2)(a)(a) Each establishment and practitioner's license issued under this chapter shall expire on June 30, except that a license initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year.
SPS 221.04(3)(a)(a)
Initial license. Application for an initial or new practitioner or establishment license shall be made on an application form furnished by the department or its agent and accompanied by all of the following:
SPS 221.04 Note
Note: Local health departments that are agents for the department have authority under s.
463.16 (4), 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.
SPS 221.04(3)(a)2.
2. Information, as determined by the department or its agent, indicating that the establishment will be maintained and operated in compliance with applicable federal and state laws and that rules have been implemented for the operation of the establishment that will protect the health, safety, and welfare of the public.
SPS 221.04(3)(b)1.1. To renew the license of an establishment, the operator shall pay the department, the applicable establishment license fee specified under
s. SPS 221.05 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. SPS 221.05 (2) (c) shall be paid in addition to the license fee.
SPS 221.04(3)(b)2.
2. To renew a practitioner's license, the practitioner shall pay the department the fee specified under
s. SPS 221.05 before the license expires.
SPS 221.04 Note
Note: Local health departments that are agents for the department have authority under s.
463.16 (4), 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.
SPS 221.04(4)
(4) Department and agent action on license application. SPS 221.04(4)(a)(a) The department or its agent shall issue or deny a license within 30 days after receiving a complete application, all applicable fees, and the other information required under
sub. (3).
SPS 221.04(4)(b)
(b) Except as provided in ss.
440.13 and
463.14, Stats., the initial issuance, renewal or continued validity of a license issued under this subsection may be conditioned upon the requirement that the licensee correct a violation of this chapter, s.
463.10 or
463.12, Stats., or ordinances adopted under s.
463.16, Stats., within the 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 license is void. No person may operate an establishment or practice as a tattooist or body piercer after the person's license has been voided under this paragraph, and any person who does may be subject to the penalties under s.
463.18, Stats. A person whose license is voided under this paragraph may appeal the decision under
s. SPS 221.08.
SPS 221.04(4)(c)
(c) The department or its agent may refuse to issue or renew a license to operate an establishment under any of the following circumstances:
SPS 221.04(4)(c)1.
1. The department or its agent has not conducted a preinspection of an establishment for which an initial or new license is required under
sub. (1).
SPS 221.04(4)(c)2.
2. The operator of an establishment has not corrected a condition for which the department or agent has issued a written health or safety–related order.
SPS 221.04(4)(c)3.
3. All applicable fees owed to the department or its agent have not been paid, including the license fee, preinspection fee, reinspection fee, or other applicable fees.
SPS 221.04(4)(c)4.
4. The operator has modified, repaired or maintained the establishment in a manner that is not in accordance with what the department recognizes as safe practice as outlined in this chapter.
SPS 221.04(4)(c)5.
5. The operator, license applicant, or licensee has failed to provide the department or its agent with information required under
sub. (3).
SPS 221.04(4)(c)6.
6. The operator or license applicant has violated
ch. 463, 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 an establishment.
SPS 221.04(4)(d)
(d) The department may refuse to issue or renew a license to practice as a tattooist or body piercer if the practitioner or applicant for a practitioner's license has violated
ch. 463, 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 an establishment or the practice of tattooing or body piercing.
SPS 221.04(4)(e)
(e) If the department or its agent denies an application for a license, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights under
s. SPS 221.08.
SPS 221.04(5)
(5) Voided license for failure to pay fees. If a license applicant, operator, or practitioner fails to pay all applicable fees and processing charges under
s. SPS 221.05 within 15 days after the license applicant, operator, or practitioner receives notice of an insufficiency under
s. SPS 221.05, or within 45 days after the expiration of the license, whichever occurs first, the license is void. An operator or practitioner whose license is voided under this subsection may appeal the decision under
s. SPS 221.08. In an appeal concerning a voided license under this subsection, the burden is on the license applicant, operator, or practitioner to show that the entire applicable fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of an establishment, or practice as a tattooist or body piercer, is deemed to be operation or practice without a license and is subject to the fees under
s. SPS 221.05 (2) (e) in addition to the fees otherwise due, unless the license applicant, operator, or practitioner meets its burden of proof under this subsection.
SPS 221.04(7)
(7) Display of license. The operator of an establishment shall display in the establishment, in a place visible to the public, the licenses issued by the department or its agent for the establishment and for all practitioners working in the establishment. A license may not be altered or defaced.
SPS 221.04 History
History:
Cr.
Register, July, 1998, No. 511, eff. 8-1-98;
CR 08-073: renum. from HFS 173.04, r. and recr.
Register January 2009 No. 637, eff. 2-1-09; correction in (1), (3) (a) 1., (b), (4) (b), (c) 6., (d), (e), (5) under s.
13.92 (4) (b) 7., Stats.,
Register December 2015 No. 720.
SPS 221.05(1)
(1)
Fee schedules. The fees listed in Table SPS 221.05 A shall apply to licenses issued from April 1, 2009 through March 31, 2011. The fees listed in Table SPS 221.05 B shall apply to licenses issued on or after April 1, 2011.
SPS 221.05 Note
Note: Local health departments that are agents for the department have authority under s.
463.16 (4), 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.
SPS 221.05(2)(a)(a)
Preinspection fee. The operator of an establishment shall, pursuant to
sub. (1), pay the applicable preinspection fee listed in Table SPS 221.05 A or B to the department before an initial or new license is issued under
s. SPS 221.04.
SPS 221.05(2)(b)1.1. `Establishment'. The operator of an establishment shall, pursuant to
sub. (1), pay the applicable license fee listed in Table SPS 221.05 A or B to the department for each establishment that the operator applies for a license to operate under
s. SPS 221.04 (1) or
(2).
SPS 221.05(2)(b)2.
2. `Practitioner'. A practitioner shall, pursuant to
sub. (1), pay the applicable license fee listed in the Table SPS 221.05 A or B to the department.
SPS 221.05(2)(c)
(c)
Late fee. If the license fee for a license renewal is not paid before the expiration date of the license, the operator shall pay to the department a late fee of $85.00 in addition to the renewal license fee.
SPS 221.05(2)(d)
(d)
Reinspection fee. If the department conducts a reinspection of an establishment under
s. SPS 221.06 (1) (b), the operator shall, pursuant to
sub. (1), pay to the department the applicable reinspection fee listed in Table SPS 221.05 A or B. The department shall assess an additional reinspection fee as listed in Table SPS 221.05 A or B, whichever is applicable, for any additional reinspection conducted under
s. SPS 221.06 (1) (b) 4.
SPS 221.05(2)(e)
(e)
Fees for operating without a license. An establishment found to be operating without a license shall pay to the department an amount of $749.00, in addition to all applicable fees and any processing charges under
s. SPS 221.04 (5). A practitioner found to be practicing without a license shall pay to the department $150, in addition to all applicable fees and any processing charges under
s. SPS 221.04 (5).
SPS 221.05 Note
Note: Any person who willfully violates or obstructs the execution of any state statute or rule, county, city or village ordinance or departmental order under this chapter and relating to the public health, for which no other penalty is prescribed, shall be imprisoned for not more than 30 days or fined not more than $500 or both.
SPS 221.05(2)(f)
(f)
Duplicate license. The department shall charge the operator or practitioner, as applicable, $15.00 for a duplicate license.
SPS 221.05(2)(g)
(g)
Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department's licensing responsibilities, the department shall charge the operator or the entity requesting the inspection or consultation $175.00.
SPS 221.05(3)
(3) Method of payment. If the payment for an initial or renewal license 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.
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See PDF for table 
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See PDF for table SPS 221.05 History
History:
CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09; correction in (1), (2) (a), (b), (d), (e), Tables A and B under s.
13.92 (4) (b) 7., Stats.,
Register December 2015 No. 720.
SPS 221.06(1)(a)(a)
Inspections. Under s.
463.10,
463.12, or
463.16, Stats., an authorized employee or agent of the department, upon presenting proper identification, may enter any establishment at any reasonable time, for any of the following purposes:
SPS 221.06(1)(a)5.
5. To examine and copy relevant documents and records provided such information is related to the operation of the establishment.
SPS 221.06(1)(a)6.
6. To obtain photographic or other evidence needed to enforce this chapter.
SPS 221.06(1)(b)1.1. The department or its agent may reinspect an establishment 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 establishment.
SPS 221.06(1)(b)2.
2. A reinspection shall be scheduled to allow the operator a reasonably sufficient time to correct the deficiencies.
SPS 221.06(1)(b)3.
3. A reinspection fee shall be charged for the reinspection according to Table SPS 221.05 A or B, or applicable charges as determined by an agent of the department.
SPS 221.06(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. The department may order the operator to show just cause why the license should not be suspended or revoked under
s. SPS 221.07.
SPS 221.06(2)(a)(a) If upon inspection of an establishment, the department or agent finds that the establishment 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.
SPS 221.06(2)(b)
(b) If the order to correct a violation is not carried out by the expiration of the time period stated in the order, or any extension of time granted by the department or agent, the department or agent may suspend or revoke the license to operate the establishment.
SPS 221.06(2)(c)
(c) Any person who fails to comply with an order of the department shall forfeit $10 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. SPS 221.08.
SPS 221.06(3)(a)(a) As provided under s.
227.51 (3), 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:
SPS 221.06(3)(a)1.
1. Prohibit the continued operation or method of operation of specific equipment.
SPS 221.06(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.
SPS 221.06(3)(b)1.1. A temporary order shall take effect upon delivery to the operator, establishment, or practitioner, as applicable. Except as provided in
par. (c), the temporary order shall remain in effect for 14 days from the date of delivery. 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.
SPS 221.06(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 operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.
SPS 221.06(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 operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under
s. SPS 221.08. The notice shall include a statement that the facility has a right to request a hearing under
s. SPS 221.08 within 15 days after issuance of the notice.
SPS 221.06(3)(d)
(d) Pursuant to s.
463.18, Stats., any person who willfully violates or obstructs a departmental order relating to the public health, for which no other penalty is prescribed, shall be imprisoned for not more than 30 days or fined not more than $500 or both.
SPS 221.06 History
History:
CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09; correction in (1) (a), 2., (b) 3., 4., (2) (c), (3) (a) (intro.), (c), (d) under s.
13.92 (4) (b) 7., Stats.,
Register December 2015 No. 720.
SPS 221.065
SPS 221.065 Level III local health department. A level III local health department shall do all of the following:
SPS 221.065(1)
(1) Conduct inspections and investigations, issue licenses and enforce the department's rules,
ch. SPS 221, promulgated under ss.
463.10 (4) and
463.12 (4), Stats., for regulation of tattooists and tattoo establishments and regulation of body piercers and body-piercing establishments, upon entering into an agreement with the department under s.
463.16, Stats., to serve as the department's agent for this purpose in the local health department's area of jurisdiction.
SPS 221.065 History
History:
Renum. from DHS 140.06 (1) (d) under s.
13.92 (4) (b) 1., Stats.,
Register December 2015 No. 720; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2015 No. 720;
correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2017 No. 734.
SPS 221.07
SPS 221.07 Suspension or revocation of license. The department may, after a hearing under
s. SPS 221.08, suspend or revoke a license for violation of s.
463.10 or
463.12, 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. SPS 221.08 (1).
SPS 221.08
SPS 221.08 Appeals of actions by the department. SPS 221.08(1)(a)
(a) Except as specified under
sub. (2) or
(3), a request for a hearing to contest denial of a license, a voided license, suspension, revocation, forfeiture, or order given under
s. SPS 221.06 (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.
