2015 Wisconsin Act 55

97.01 (14g) (intro.) "Restaurant" means any building, room or place where meals are prepared or served or sold at which the predominant activity is the preparation, service, or sale of meals to transients or the general public, and including all places used in connection with it and includes including any public or private school lunchroom for which food service is provided by contract. "Meals" does not include soft drinks, ice cream, milk, milk drinks, ices and confections. "Restaurant" does not include:

55,4071 Section 4071. 254.61 (5m) of the statutes is renumbered 97.01 (15b).

55,4072 Section 4072. 254.61 (5r) of the statutes is renumbered 97.01 (15f).

55,4073 Section 4073. 254.61 (6) of the statutes is renumbered 97.01 (15k).

55,4074 Section 4074. 254.61 (7) of the statutes is renumbered 97.01 (15p).

55,4075 Section 4075. 254.61 (8) of the statutes is renumbered 97.01 (15s) and amended to read:

97.01 (15s) "Vending machine commissary" means any building, room or place where the food, beverage, ingredients, containers, transport equipment or supplies for vending machines are kept, handled, prepared or stored by a vending machine operator. "Vending machine commissary" does not mean any place at which the operator is licensed to manufacture, distribute or sell food products under ch. 97 this chapter.

55,4076 Section 4076. 254.61 (9) of the statutes is renumbered 97.01 (15w).

55,4077 Section 4077. 254.61 (10) of the statutes is renumbered 97.01 (15y).

55,4078 Section 4078. 254.62 of the statutes is renumbered 97.60.

55,4079 Section 4079. 254.63 of the statutes is renumbered 97.603.

55,4080 Section 4080. 254.64 of the statutes is renumbered 97.605, and 97.605 (title), (1), (1m), (1p), (2), (3), (4) (b), (d) and (e) and (5), as renumbered, are amended to read:

97.605 (title) Permit Lodging and vending licenses. (1) (a) No person may conduct, maintain, manage or operate a hotel, restaurant, temporary restaurant, tourist rooming house, vending machine commissary or vending machine if the person has not been issued an annual permit license by the department or by a local health department that is granted agent status under s. 254.69 97.615 (2).

(b) No person may maintain, manage or operate a bed and breakfast establishment for more than 10 nights in a year without having first obtained an annual permit license from the department.

(c) Except as provided in s. 250.041 93.135, no permit license may be issued under this section until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the permit license applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees, late fees and processing charges that are specified by rules promulgated by the department. If the permit license applicant fails to pay all applicable fees, late fees and processing charges within 15 days after the applicant receives notice of the insufficiency, the permit license is void. In an appeal concerning voiding of a permit license under this paragraph, the burden is on the permit license applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning payment dispute, operation of the establishment in question is deemed to be operation without a permit license.

(d) If a person or establishment otherwise licensed under ch. 97 this chapter is incidentally engaged in an activity for which a permit license is required under this section, the department may, by rule, exempt the person or establishment from the permit license requirement under this section. Rules under this paragraph shall conform to a memorandum of understanding between the department and the department of agriculture, trade and consumer protection.

(1m) No county, city, village or town may require any permit license of, or impose any permit license or inspection fee on, a vending machine operator, vending machine commissary or vending machine permitted licensed under this subchapter chapter.

(1p) Except as provided in s. 250.041 93.135, the department may condition the initial issuance, renewal or continued validity of a permit license issued under this section on correction by the permittee licensee of a violation of this subchapter, rules promulgated by the department under this subchapter or ordinances or regulations adopted under s. 254.69 97.615 (2) (g), within a specified period of time. If the permittee licensee fails to meet the condition within the specified period of time, the permit license is void.

(2) Except as provided in sub. (3), a separate permit license is required for each hotel, tourist rooming house, bed and breakfast establishment, or vending machine commissary.

(3) (a) A bulk milk dispenser may be operated in a restaurant without a vending machine or vending machine operator permit license.

(b) A restaurant may operate as a vending machine commissary without a vending machine commissary permit license.

(4) (b) Except as provided in par. (d) or (e), no permit license is transferable from one premises to another or from one person to another.

(d) The holder of a permit license issued under this section may transfer the permit license to an individual who is an immediate family member if the holder is transferring operation of the hotel, tourist rooming house, bed and breakfast establishment, or vending machine to the immediate family member.

(e) A sole proprietorship that reorganizes as a business entity or a business entity that reorganizes as either a sole proprietorship or a different type of business entity may transfer a permit license issued under this section for operation of an a hotel, tourist rooming house, bed and breakfast establishment, or vending machine commissary to the newly formed business entity or sole proprietorship if the following conditions are satisfied:

1. The hotel, tourist rooming house, bed and breakfast establishment, or vending machine commissary remains at the location for which the permit license was issued.

2. At least one individual who had an ownership interest in the sole proprietorship or business entity to which the permit license was issued has an ownership interest in the newly formed sole proprietorship or business entity.

(5) (a) Except as provided in par. (b), all permits licenses expire on June 30, except that permits licenses initially issued during the period beginning on April 1 and ending on June 30 expire on June 30 of the following year.

(b) 1. The local health department of a city of the 1st class that has entered into an agreement with the department under s. 254.69 97.615 (2) may issue a permit license for a restaurant or bed and breakfast establishment required under this section at any time during the year. A permit license issued under this subdivision shall expire one year from the date of its issuance.

2. The holder of a permit license for a restaurant or bed and breakfast establishment may request an extension to the term of a permit license issued under this section by the local health department of a city of the 1st class that has entered into an agreement with the department under s. 254.69 97.615 (2) for the purpose of aligning the annual term of any other license or permit issued to that permit license holder with the annual term of a permit license to be issued to that permit license holder under subd. 1. The local health department may require a permit license holder that receives an extension under this subdivision to pay a prorated fee in an amount determined by dividing the permit license fee imposed under s. 254.69 97.615 (2) by 12 and multiplying the quotient by the number of months by which the permit license issued under this section is extended under this subdivision.

55,4081 Section 4081. 254.65 of the statutes is renumbered 97.607 and amended to read:

97.607 Preinspection Pre-licensing inspection. (1) The department or a local health department granted agent status under s. 254.69 97.615 (2) may not grant a permit license 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 pre-licensing inspection. This section does not apply to a temporary restaurant or when a permit license is transferred under s. 254.64 97.605 (4) (d) or (e).

(2) Agents designated by the department under s. 254.69 97.615 (1) shall make preinspections pre-licensing inspections of vending machine commissaries as required under this subsection and shall be reimbursed for those services at the rate of 80% of the preinspection pre-licensing inspection fee designated in this subsection. Agents designated by the department under s. 254.69 97.615 (2) shall make preinspections pre-licensing inspections of hotels, restaurants and tourist rooming houses and establish and collect preinspection pre-licensing inspection fees under s. 254.69 97.615 (2) (d).

55,4082 Section 4082. 254.66 of the statutes is renumbered 97.307 and amended to read:

97.307 Average annual surveys. The department or a local health department granted agent status under s. 254.69 (2) 97.41 shall annually make a number of inspections of restaurants in this state that shall equal the number of restaurants for which annual permits licenses are issued under s. 254.64 (1) (a) 97.30.

55,4083 Section 4083. 254.67 of the statutes is renumbered 97.61.

55,4084 Section 4084. 254.68 of the statutes is renumbered 97.613 and amended to read:

97.613 Fees. Except as provided in s. 254.69 97.615 (2) (d) and (e), the department shall promulgate rules that establish, for permits licenses issued under s. 254.64, permit 97.605, license fees, preinspection pre-licensing inspection fees, reinspection fees, fees for operating without a permit license, late fees for untimely permit renewal, fees for comparable compliance or variance requests, and fees for pre-permit pre-license review of restaurant plans.

55,4085 Section 4085. 254.69 of the statutes is renumbered 97.615, and 97.615 (2) (title), (am), (b), (c), (d), (dm), (e), (f), (g), (h) and (j) 1. and 2., as renumbered, are amended to read:

97.615 (2) (title) Hotels, restaurants, tourist rooming houses, and other establishments. (am) In the administration of this subchapter or s. 254.47 97.67, 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 licenses 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 services may issue permits licenses, collect fees established by rule under s. 254.68 97.613 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 license for the same operations other than the permit license issued by the local health department under this subsection. The department shall coordinate oversee 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 services to delegate regulatory authority.

(b) A local health department granted agent status under this subsection shall meet standards promulgated, by rule, by the department of health 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 services agriculture, trade and consumer protection may revoke its agent status.

(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 97.67 and rules promulgated under this subchapter and s. 254.47 97.67.

(d) Except as provided in par. (dm), a local health department granted agent status under this subsection shall establish and collect the permit license fee for each type of establishment specified in par. (am). The local health department may establish separate fees for preinspections pre-licensing inspections of new establishments, for preinspections pre-licensing inspections of existing establishments for which a person intends to be the new operator or for the issuance of duplicate permits licenses. No fee may exceed the local health department's reasonable costs of issuing permits licenses 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 license 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.

(dm) A local health department granted agent status under this subsection may contract with the department of health services for the department of health services to collect fees and issue permits licenses. The department shall collect from the local health department the actual and reasonable cost of providing the services.

(e) The department shall establish state fees for its costs related to setting standards under this subchapter and s. 254.47 97.67 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 license fees established under par. (d), collect the state fees and reimburse the department for the state fees collected. For each type of establishment specified in par. (am), the state fee may not exceed 20% of the permit license fees charged under ss. 254.47 97.67 and 254.68 97.613.

(f) If, under this subsection, a local health department becomes an agent or its agent status is discontinued during a permittee's permit licensee's license year, the department of health services and the local health department shall divide any permit license fee paid by the permittee licensee for that permit license year according to the proportions of the permit license 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 license year due to the change in agent status.

(g) A village, city or county may adopt ordinances and a local board of health may adopt regulations regarding the permittees licensees and premises for which the local health department is the designated agent under this subsection, which are stricter than this subchapter, s. 254.47 97.67, or rules promulgated by the department of health services under this subchapter or s. 254.47 97.67. No such provision may conflict with this subchapter or with department rules.

(h) This subsection does not limit the authority of the department to inspect hotels, tourist rooming houses, bed and breakfast establishments, or vending machine commissaries 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.

(j) 1. A permit license fee established by a local health department granted agent status exceeds the reasonable costs described under par. (d).

2. The person issuing, refusing to issue, suspending or revoking a permit license or making an investigation or inspection of the appellant has a financial interest in a regulated establishment specified in par. (am) which may interfere with his or her ability to properly take that action.

55,4086 Section 4086. 254.70 of the statutes is renumbered 97.617 and amended to read:

97.617 Application; lodging and vending. (1) An applicant for a permit license under this subchapter shall complete the application prepared by the department or the local health department granted agent status under s. 254.69 97.615 (2) and provide, in writing, any additional information the department of health services agriculture, trade and consumer protection or local health department issuing the permit license requires.

(2) Upon receipt of an application for a vending machine operator permit license, 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.

55,4087 Section 4087. 254.71 of the statutes is renumbered 97.33, and 97.33 (2), (3), (5) and (6) (c), as renumbered, are amended to read:

97.33 (2) Except as provided in s. 250.041 93.135, the department may issue a certificate of food protection practices to an individual who satisfactorily completes an approved examination or who has achieved comparable compliance.

(3) Each certificate is valid for 5 years from the date of issuance and, except as provided in s. 250.041 93.135, may be renewed by the certificate holder if he or she satisfactorily completes an approved examination.

(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) 97.30 (5).

(6) (c) Establishing procedures for issuance, except as provided in s. 250.041 93.135, of certificates of food protection practices, including application submittal and review.

55,4088 Section 4088. 254.715 of the statutes is renumbered 97.305.

55,4089 Section 4089. 254.72 of the statutes is renumbered 97.62 and amended to read:

97.62 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.

55,4090 Section 4090. 254.73 of the statutes is renumbered 97.623.

55,4091 Section 4091. 254.74 of the statutes is renumbered 97.625, and 97.625 (1) (a), (am), (b), (d) and (e), (1p) (a) (intro.) and 2. and (b) and (2), as renumbered, are amended to read:

97.625 (1) (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.

(am) Promulgate rules, in consultation with the department of safety and professional services, under which the department of health services shall conduct regular inspections of sealed combustion units, as required under s. 101.149 (5) (c), for carbon monoxide emissions in hotels, tourist rooming houses, and bed and breakfast establishments. The rules shall specify conditions under which it may issue orders as specified under s. 101.149 (8) (a). The rules may not require the department of health services to inspect sealed combustion units during the period in which the sealed combustion units are covered by a manufacturer's warranty against defects.

(b) Require hotels, tourist rooming houses, restaurants, vending machine operators and vending machine commissaries to file reports and information the department deems necessary.

(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 hotels, tourist rooming houses, and vending machine commissaries regulated by this subchapter and may not require 2nd exits for a bed and breakfast establishment on a floor above the first level.

(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 97.615 appeals to the department of health services alleging that a permit license fee for a hotel, restaurant, temporary restaurant, tourist rooming house, campground, camping resort, recreational or educational camp or public swimming pool exceeds the permit license issuer's reasonable costs of issuing permits licenses to, making investigations and inspections of, and providing education, training and technical assistance to the establishment.

(1p) (a) The department may grant the holder of a permit license for a bed and breakfast establishment a waiver from the requirement specified under s. 254.61 (1) (b) 97.01 (1g) (b) to allow the holder of a permit license for a bed and breakfast establishment to serve breakfast to other tourists or transients if all of the following conditions are met:

2. The other tourists or transients are provided sleeping accommodations in a tourist rooming house for which the permit license holder for the bed and breakfast establishment is the permit license holder.

(b) A waiver granted under par. (a) is valid for the period of validity of a permit license that is issued for the bed and breakfast establishment under s. 254.64 97.605 (1) (b).

(2) A local health department designated as an agent under s. 254.69 (2) 97.615 (2) may exercise the powers specified in sub. (1) (a) to (d), consistent with s. 254.69 97.615 (2) (g).

55,4092 Section 4092. 254.76 of the statutes is renumbered 97.627.

55,4093 Section 4093. 254.78 of the statutes is renumbered 254.04 and amended to read:

254.04 Authority of department of safety and professional services. Nothing in this chapter shall affect affects the authority of the department of safety and professional services relative to places of employment, elevators, boilers, fire escapes, fire protection, or the construction of public buildings.

55,4094 Section 4094. 254.79 of the statutes is renumbered 254.05.

55,4095 Section 4095. 254.80 of the statutes is renumbered 97.633.

55,4096 Section 4096. 254.81 of the statutes is renumbered 97.634.

55,4097 Section 4097. 254.82 of the statutes is renumbered 97.635.

55,4098 Section 4098. 254.83 of the statutes is renumbered 97.638.

55,4099 Section 4099. 254.84 (title), (1), (2), (3) and (4) of the statutes are renumbered 97.639 (title), (1), (2), (3) and (4).

55,4100 Section 4100. 254.84 (5) of the statutes is renumbered 97.639 (5) and amended to read:

97.639 (5) Construction. Nothing in this section may be construed to require establishments motels, motor courts, tourist cabins, or like accommodations to have outdoor or outside signs. This section shall be liberally construed so as to prevent untrue, misleading, false, or fraudulent representations relating to rates placed on outdoor or outside signs of the establishments.

55,4101 Section 4101. 254.84 (6) of the statutes is repealed.

55,4102 Section 4102. 254.85 of the statutes is renumbered 97.65, and 97.65 (1), (2), (3) and (4), as renumbered, are amended to read:

97.65 (1) The department may enter, at reasonable hours, any premises for which a permit license is required under this subchapter or s. 254.47 97.67 or any restaurant or temporary restaurant for which a license is required under s. 97.30 to inspect the premises, secure samples or specimens, examine and copy relevant documents and records, or obtain photographic or other evidence needed to enforce this subchapter or s. 254.47 97.30 or 97.67. If samples of food are taken, the department shall pay or offer to pay the market value of the samples taken. The department shall examine the samples and specimens secured and shall conduct other inspections and examinations needed to determine whether there is a violation of this subchapter, s. 254.47 97.30 or 97.67, or rules promulgated by the department under this subchapter or s. 254.47 97.30 or 97.67.

(2) (a) Whenever, as a result of an examination, the department has reasonable cause to believe that any examined food constitutes, or that any construction, sanitary condition, operation, or method of operation of the premises or equipment used on the premises creates, an immediate danger to health, the administrator of the division of the department responsible for public health may issue a temporary order and cause it to be delivered to the permittee licensee, or to the owner or custodian of the food, or to both. The order may prohibit the sale or movement of the food for any purpose, prohibit the continued operation or method of operation of specific equipment, require the premises to cease other operations or methods of operation which create the immediate danger to health, or set forth any combination of these requirements. The administrator department may order the cessation of all operations authorized by the permit license only if a more limited order does not remove the immediate danger to health. Except as provided in par. (c), no temporary order is effective for longer than 14 days from the time of its delivery, but a temporary order may be reissued for one additional 14-day period, if necessary to complete the analysis or examination of samples, specimens, or other evidence.

(b) No food described in a temporary order issued and delivered under par. (a) may be sold or moved and no operation or method of operation prohibited by the temporary order may be resumed without the approval of the department, until the order has terminated or the time period specified in par. (a) has run out, whichever occurs first. If the department, upon completed analysis and examination, determines that the food, construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health, the permittee licensee, owner, or custodian of the food or premises shall be promptly notified in writing and the temporary order shall terminate upon his or her receipt of the written notice.

(c) If the analysis or examination shows that the food, construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health, the permittee licensee, owner, or custodian shall be notified within the effective period of the temporary order issued under par. (a). Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under sub. (3), and no food described in the temporary order may be sold or moved and no operation or method of operation prohibited by the order may be resumed without the approval of the department.

(3) A notice issued under sub. (2) (c) shall be accompanied by a statement which informs the permittee licensee, owner, or custodian that he or she has a right to request a hearing in writing within 15 days after issuance of the notice. The department shall hold a hearing no later than 15 days after the department receives the written request for a hearing, unless both parties agree to a later date. A final decision shall be issued under s. 227.47 within 10 days of the conclusion of the hearing. The decision may order the destruction of food, the diversion of food to uses which do not pose a danger to health, the modification of food so that it does not create a danger to health, changes to or replacement of equipment or construction, other changes in or cessations of any operation or method of operation of the equipment or premises, or any combination of these actions necessary to remove the danger to health. The decision may order the cessation of all operations authorized by the permit license only if a more limited order will not remove the immediate danger to health.