6. The operator has modified, repaired, or maintained the lodging facility in a manner that is not in accordance with this chapter.
(c) Conditional license. Except as provided in s. 93.135, Stats., the initial issuance, renewal, or continued validity of a license may be conditioned pursuant to ss. 93.06(8) and 97.605 (1p), Stats., upon the requirement that the license holder correct a violation of this chapter, s. 97.625, Stats., within a specified period of time. If the condition is not satisfied within the specified time or after an extension of time approved by the department or its agent, the license is void. No person may operate a lodging facility after a license has been voided. Any person who does so shall be subject to the penalties pursuant to s. 97.72, Stats., an injunction pursuant to 97.73, Stats., and payment of fees pursuant to s. ATCP 72.08 (2) (e). An operator whose license is voided under this paragraph may appeal the decision pursuant to s. ATCP 72.11. If the decision was made by the department’s agent, the applicant may appeal the decision pursuant to s. ATCP 72.12. (d)
Granting or denial of a license. 1. The department or its agent shall issue or deny a new license or shall renew an existing license for a lodging facility within 30 calendar days after the applicant meets all of the requirements pursuant to subs. (3) or (4), as applicable.2. If the department or its agent denies an application for a license, the applicant shall be given the decision and reason, in writing, for the denial and information regarding appeal rights pursuant to s. ATCP 72.11. If the decision is issued by the department’s agent, the applicant may appeal the decision pursuant to s. ATCP 72.12. (6)
VOIDED LICENSE FOR FAILURE TO PAY FEES. (a) Payment deadline. If an applicant or operator fails to pay all applicable fees, late fees and processing charges under s. ATCP 72.08, within 45 calendar days after the expiration of the license, the license is void. (b) Appeal rights. An operator whose license is voided by the department under this subsection may appeal the decision as provided pursuant to s. ATCP 72.11 or if the license is voided by the department’s agent, the operator may appeal the decision pursuant to s. ATCP 72.12. Pursuant to s. 97.605 (1) (c), Stats., in an appeal concerning voiding of a license under this subsection, the burden is on the license applicant to show that the entire applicable fees, late fees, and processing charges have been paid. During any appeal process concerning a payment dispute, the operation of the lodging facility in question is considered to be in operation without a license. (7)
LICENSE POSTING. A current license issued by the department or its agent shall be posted on the premises in a place visible to the public. A license may not be altered or defaced.ATCP 72.08 Department fees. (1) FEE SCHEDULE. Pursuant to s. 97.605 (1) (c), Stats., no license may be issued until all applicable fees have been paid. Fee amounts listed in s. ATCP 72.08 Table A or B apply to lodging facility licenses issued by the department under this chapter. Note: Local health departments that are agents for the department have authority pursuant to s. 97.615 (2) (d), Stats., to establish and collect fees for licenses issued by the local health department. If the establishment is under the jurisdiction of a local health department, contact the local health department for its license fee schedule. (2) TYPES OF FEES. (a) Preinspection fee. 1. For a new license, the operator shall, pay the applicable preinspection fee listed in s. ATCP 72.08 Table A or B to the department before the license is issued pursuant to s. ATCP 72.07 (3). 2. If an individually keyed unit is added to a premises of a lodging facility after the initial issuance of a license, an additional preinspection fee that corresponds to the number of units added shall be paid to the department pursuant to s. ATCP 72.08 Table A or B. Note: For example, hotel A is licensed for 100 rooms. They later expand to add 50 rooms, the operator of the hotel would pay a preinspection fee for the corresponding category at 31 to 99 rooms.
(b) License fee. The operator shall pay the applicable license fee listed in s. ATCP 72.08 Table A or B to the department for each lodging facility type for which the operator applies for a new or renewal license. (c) Late fee. If the license fee for a license renewal is not paid on or filed before the expiration date of the license, the operator shall pay to the department a late fee as specified in s. ATCP 72.08 Table A or B pursuant to s. 93.21 (5) (b), Stats., in addition to the renewal license fee. (d) Reinspection or administrative follow-up fee. If the department conducts a reinspection or an administrative follow-up of a lodging facility pursuant to s. ATCP 72.09 (1) (b) 1., the operator shall pay to the department the applicable reinspection or administrative follow-up fee listed in s. ATCP 72.08 Table A or B. The department shall assess an additional fee as listed in s. ATCP 72.08 Table A or B, whichever is applicable, for any second or subsequent reinspection or administrative follow-up conducted pursuant to s. ATCP 72.09 (1) (b) 4. (e) Fees for operating without a license. If a lodging facility is found to be operating without a license, the operator shall pay to the department an amount of $749.00, in addition to all applicable fees and any processing charges pursuant to sub. (3).
Note: A person operating a lodging facility without a license is also subject to the penalties in ss. 97.72 and 97.73, Stats. (f) Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department’s licensing responsibilities for issuing licenses, the department shall charge the operator or the entity requesting the inspection or consultation $175.00.
Note: An example includes a buyer that wants an inspection or consultation prior to a real estate transaction.
(3) PENALTIES FOR INSUFFICIENCY OF PAYMENT. If the payment for a new or renewal license is by check or other draft drawn upon an account containing insufficient funds, the applicant or operator shall, within 15 calendar 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, or money order.
ATCP 72.08 Table A
For licenses issued April 1, XXXX through March 31, XXXX
Hotel, Motel, License Preinspection First Second and Late
Specialty Lodging, Fee Fee Reinspection Subsequent Fee
And Tourist or Reinspection or
Rooming House Administrative Administrative
License Fee Follow-Up Fee Follow-Up Fee
Category
Tourist Rooming House (TRH) (Lodging unit is based on individually keyed units)
1 TRH $296.00 $592.00 $150.00 $200.00 $85.00
2 to 4 TRH’s $450.00 $900.00 $150.00 $200.00 $85.00
5 to 9 TRH’s $550.00 $1,100.00 $150.00 $200.00 $85.00
10 to 19 TRH’s $600.00 $1,200.00 $150.00 $200.00 $85.00
20 to 39 TRH’s $700.00 $1,400.00 $150.00 $200.00 $85.00
40 to 99 TRH’s $800.00 $1,600.00 $150.00 $200.00 $85.00
100 to 299 TRH’s $900.00 $1,800.00 $150.00 $200.00 $85.00
300 to 599 TRH’s $1,000.00 $2,000.00 $150.00 $200.00 $85.00
600+ TRH’s $1,100.00 $2,200.00 $150.00 $200.00 $85.00
Hotel and Motel (rooms are based on individually keyed units)
5 to 30 Rooms $350.00 $700.00 $150.00 $200.00 $85.00
31 to 99 Rooms $450.00 $900.00 $150.00 $200.00 $85.00
100 to 249 Rooms $550.00 $1,100.00 $150.00 $200.00 $85.00
250 to 499 Rooms $650.00 $1,300.00 $150.00 $200.00 $85.00
500 to 749 Rooms $750.00 $1,500.00 $150.00 $200.00 $85.00
750 to 1000 Rooms $850.00 $1,700.00 $150.00 $200.00 $85.00
1000+ Rooms $950.00 $1,900.00 $150.00 $200.00 $85.00
Specialty Lodging (SL) (Lodging unit is based on an individually keyed units)
1 SL $296.00 $592.00 $150.00 $200.00 $85.00
2 to 4 SL’s $450.00 $900.00 $150.00 $200.00 $85.00
5 to 9 SL’s $550.00 $1,100.00 $150.00 $200.00 $85.00
10 to 19 SL’s $600.00 $1,200.00 $150.00 $200.00 $85.00
20 to 39 SL’s $700.00 $1,400.00 $150.00 $200.00 $85.00
40 to 99 SL’s $800.00 $1,600.00 $150.00 $200.00 $85.00
ATCP 72.08 Table B
For licenses issued on or after April 1, XXXX
Hotel, Motel, License Preinspection First Second and Late
Specialty Lodging, Fee Fee Reinspection Subsequent Fee
And Tourist or Reinspection or
Rooming House Administrative Administrative
License Fee Follow-Up Fee Follow-Up Fee
Category
Tourist Rooming House (TRH) (Lodging unit is based on individually keyed units)
1 TRH $311.00 $621.50 $150.00 $200.00 $85.00
2 to 4 TRH’s $472.50 $945.00 $150.00 $200.00 $85.00
5 to 9 TRH’s $577.50 $1,155.00 $150.00 $200.00 $85.00
10 to 19 TRH’s $630.00 $1,260.00 $150.00 $200.00 $85.00
20 to 39 TRH’s $735.00 $1,470.00 $150.00 $200.00 $85.00
40 to 99 TRH’s $840.00 $1,680.00 $150.00 $200.00 $85.00
100 to 299 TRH’s $945.00 $1,890.00 $150.00 $200.00 $85.00
300 to 599 TRH’s $1,050.00 $2,100.00 $150.00 $200.00 $85.00
600+ TRH’s $1,155.00 $2,310.00 $150.00 $200.00 $85.00
Hotel and Motel (rooms are based on individually keyed units)
5 to 30 Rooms $367.50 $735.00 $150.00 $200.00 $85.00
31 to 99 Rooms $472.50 $945.00 $150.00 $200.00 $85.00
100 to 249 Rooms $577.50 $1,155.00 $150.00 $200.00 $85.00
250 to 499 Rooms $682.50 $1,365.00 $150.00 $200.00 $85.00
500 to 749 Rooms $787.50 $1,575.00 $150.00 $200.00 $85.00
750 to 1000 Rooms $892.50 $1,785.00 $150.00 $200.00 $85.00
1000+ Rooms $997.50 $1,995.00 $150.00 $200.00 $85.00
