254.69(2)(e)
(e) The department shall establish state fees for its costs related to setting standards under this subchapter and
s. 254.47 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 fees established under
par. (d), collect the state fees and reimburse the department for the state fees collected. For each type of establishment, the state fee may not exceed 20% of the permit fees charged under
ss. 254.47 and
254.68.
254.69(2)(f)
(f) If, under this subsection, a local health department becomes an agent or its agent status is discontinued during a permittee's permit year, the department of health and family services and the local health department shall divide any permit fee paid by the permittee for that permit year according to the proportions of the permit 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 year due to the change in agent status.
254.69(2)(g)
(g) A village, city or county may adopt ordinances and a local board of health may adopt regulations regarding the permittees and premises for which the local health department is the designated agent under this subsection, which are stricter than this subchapter,
s. 254.47 or rules promulgated by the department of health and family services under this subchapter or
s. 254.47. No such provision may conflict with this subchapter or with department rules.
254.69(2)(h)
(h) This subsection does not limit the authority of the department to inspect establishments 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.
254.69(2)(j)
(j) The department shall hold a hearing under
ch. 227 if any interested person, in lieu of proceeding under
ch. 68, appeals to the department alleging either of the following:
254.69(2)(j)1.
1. A permit fee established by a local health department granted agent status exceeds the reasonable costs described under
par. (d).
254.69(2)(j)2.
2. The person issuing, refusing to issue, suspending or revoking a permit or making an investigation or inspection of the appellant has a financial interest in a regulated establishment which may interfere with his or her ability to properly take that action.
254.70(1)(1) An applicant for a permit under this subchapter shall complete the application prepared by the department or the local health department granted agent status under
s. 254.69 (2) and provide, in writing, any additional information the department of health and family services or local health department issuing the permit requires.
254.70(2)
(2) Upon receipt of an application for a vending machine operator permit, 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.
254.70 History
History: 1975 c. 413 s.
13; Stats. 1975 s. 50.54;
1983 a. 163,
203,
538;
1987 a. 27 s.
3200 (24) (am);
1993 a. 27 s.
73; Stats. 1993 s. 254.70;
1995 a. 27 s.
9126 (19).
254.71
254.71
Certificate of food protection practices. 254.71(1)(1) After January 1, 1995, no person may conduct, maintain, manage or operate a restaurant unless the operator or manager of the restaurant holds a current, valid certificate of food protection practices issued by the department.
254.71(2)
(2) The department may issue a certificate of food protection practices to an individual who satisfactorily completes a written examination, approved by the department, that demonstrates the individual's basic knowledge of food protection practices or who has achieved comparable compliance.
254.71(3)
(3) Each certificate is valid for 5 years from the date of issuance and may be renewed by the holder of the certificate if he or she satisfactorily completes a recertification training course approved by the department.
254.71(4)
(4) The council on food protection practices shall advise the department concerning the requirements of this section.
254.71(5)
(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) and provide the evaluations, as requested, to the council on food protection practices.
254.71(6)
(6) The department, after consulting with the council on food protection practices, shall promulgate rules concerning all of the following:
254.71(6)(a)
(a) Establishing a fee for certification and recertification of food protection practices.
254.71(6)(b)
(b) Specifying standards for approval of training courses for recertification of food protection practices.
254.71(6)(c)
(c) Establishing procedures for issuance of certificates of food protection practices, including application submittal and review.
254.71 History
History: 1991 a. 39;
1993 a. 16;
1993 a. 27 s.
74; Stats. 1993 s. 254.71.
254.72
254.72
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.
254.72 History
History: 1975 c. 413 s.
13; Stats. 1975 s. 50.55;
1983 a. 163,
203,
538;
1987 a. 27;
1993 a. 27 s.
75; Stats. 1993 s. 254.72.
254.73(1)(1) Every hotel with sleeping accommodations with more than 12 bedrooms above the first story shall, between the hours of 12 midnight and 6 a.m. provide a system of security personnel patrol, or of mechanical and electrical devices, or both, adequate, according to standards established by the department of commerce, to warn all guests and employes in time to permit their evacuation in case of fire.
254.73(2)
(2) Every hotel shall offer to every guest, at the time of registration for accommodation and of making a reservation for accommodation, an opportunity to identify himself or herself as a person needing assistance in an emergency because of a physical condition and shall keep a record at the registration desk of where each person so identified is lodged. No hotel may lodge any person so identified in areas other than those designated by the local fire department as safe for persons so identified, based on the capabilities of apparatus normally available to the fire company or companies assigned the first alarm. A person who does not identify himself or herself as permitted in this subsection may be lodged in the same manner as any other guest. Violation of this subsection shall be punished by a forfeiture of not more than $50 for the first violation and not more than $100 for each subsequent violation.
254.73 History
History: 1975 c. 112,
199;
1975 c. 413 s.
13; Stats. 1975 s. 50.56;
1985 a. 135;
1993 a. 27 s.
76; Stats. 1993 s. 254.73;
1995 a. 27 ss.
6343,
9116 (5).
254.74
254.74
Powers of the department and local health departments. 254.74(1)(1) The department shall do all of the following:
254.74(1)(a)
(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.
254.74(1)(b)
(b) Require hotels, tourist rooming houses, restaurants, vending machine operators and vending machine commissaries to file reports and information the department deems necessary.
254.74(1)(c)
(c) Ascertain and prescribe what alterations, improvements or other means or methods are necessary to protect the public health and safety on those premises.
254.74(1)(d)
(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 regulated by this subchapter and may not require 2nd exits for a bed and breakfast establishment on a floor above the first level.
254.74(1)(e)
(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 appeals to the department of health and family services alleging that a permit fee for a hotel, restaurant, temporary restaurant, tourist rooming house, campground, camping resort, recreational or educational camp or public swimming pool exceeds the permit issuer's reasonable costs of issuing permits to, making investigations and inspections of, and providing education, training and technical assistance to the establishment.
254.74(1m)(a)(a) The department may grant an applicant for a permit to maintain, manage or operate a bed and breakfast establishment a waiver from the requirement specified under
s. 254.61 (1) (f) if the department determines that all of the following are true:
254.74(1m)(a)1.
1. The public health, safety or welfare would not be jeopardized.
254.74(1m)(b)
(b) A waiver granted under
par. (a) is valid for the period of validity of a permit that is issued to the applying bed and breakfast establishment under
s. 254.64 (1) (b).
254.76
254.76
Causing fires by tobacco smoking. 254.76(1)
(1) Any person who, by smoking, or attempting to light or to smoke cigarettes, cigars, pipes or tobacco, in any manner in which lighters or matches are employed, shall, in a careless, reckless or negligent manner, set fire to any bedding, furniture, curtains, drapes, house or any household fittings, or any part of any building specified in
sub. (2), so as to endanger life or property in any way or to any extent, shall be fined not less than $50 nor more than $250, together with costs, or imprisoned not less than 10 days nor more than 6 months or both.
254.76(2)
(2) In each sleeping room of all hotels, rooming houses, lodging houses and other places of public abode, a plainly printed notice shall be kept posted in a conspicuous place advising tenants of the provisions of this section.
254.76 History
History: 1975 c. 413 s.
13; Stats. 1975 s. 50.58;
1993 a. 27 s.
79; Stats. 1993 s. 254.76.
254.78
254.78
Authority of department of commerce. Nothing in this chapter shall affect the authority of the department of commerce relative to places of employment, elevators, boilers, fire escapes, fire protection, or the construction of public buildings.
254.78 History
History: 1975 c. 413 s.
13; Stats. 1975 s. 50.60;
1993 a. 27 s.
81; Stats. 1993 s. 254.78;
1995 a. 27 ss.
6344,
9116 (5).
254.79
254.79
Joint employment. The department and the department of commerce may employ experts, inspectors or other assistants jointly.
254.79 History
History: 1975 c. 413 s.
13; Stats. 1975 s. 50.61;
1993 a. 27 s.
82; Stats. 1993 s. 254.79;
1995 a. 27 ss.
6345,
9116 (5).
254.80
254.80
Hotelkeeper's liability. 254.80(1)
(1) A hotelkeeper who complies with
sub. (2) is not liable to a guest for loss of money, jewelry, precious metals or stones, personal ornaments or valuable papers which are not offered for safekeeping.
254.80(2)
(2) To secure exemption from liability the hotelkeeper shall do all of the following:
254.80(2)(a)
(a) Have doors on sleeping rooms equipped with locks or bolts.
254.80(2)(b)
(b) Offer, by notice printed in large plain English type and kept conspicuously posted in each sleeping room, to receive valuable articles for safekeeping, and explain in the notice that the hotel is not liable for loss unless articles are tendered for safekeeping.
254.80(2)(c)
(c) Keep a safe or vault suitable for keeping the articles and receive them for safekeeping when tendered by a guest, except as provided in
sub. (3).
254.80(3)
(3) A hotelkeeper is liable for loss of articles accepted for safekeeping up to $300. The hotelkeeper need not receive for safekeeping property over $300 in value. This subsection may be varied by written agreement between the parties.
254.80 History
History: 1975 c. 413 s.
15; Stats. 1975 s. 50.80;
1991 a. 316;
1993 a. 27 s.
85; Stats. 1993 s. 254.80.
254.81
254.81
Hotelkeeper's liability for baggage; limitation. Every guest and intended guest of any hotel upon delivering to the hotelkeeper any baggage or other property for safekeeping, elsewhere than in the room assigned to the guest, shall demand and the hotelkeeper shall give a check or receipt, to evidence the delivery. No hotelkeeper shall be liable for the loss of or injury to the baggage or other property of a hotel guest, unless it was delivered to the hotelkeeper for safekeeping or unless the loss or injury occurred through the negligence of the hotelkeeper.
254.81 History
History: 1975 c. 413 s.
15; Stats. 1975 s. 50.81;
1991 a. 316;
1993 a. 27 s.
86; Stats. 1993 s. 254.81.
254.82
254.82
Liability of hotelkeeper for loss of property by fire or theft; owner's risk. A hotelkeeper is not liable for the loss of baggage or other property of a hotel guest by a fire unintentionally produced by the hotelkeeper. Every hotelkeeper is liable for loss of baggage or other property of a guest caused by theft or gross negligence of the hotelkeeper. The liability may not exceed $200 for each trunk and its contents, $75 for each valise and its contents and $10 for each box, bundle or package and contents, so placed under the care of the hotelkeeper; and $50 for all other effects including wearing apparel and personal belongings, unless the hotelkeeper has agreed in writing with the guest to assume a greater liability. When any person permits his or her baggage or property to remain in any hotel after the person's status as a guest has ceased, or forwards the baggage or property to a hotel before becoming a guest and the baggage or property is received into the hotel, the hotelkeeper holds the baggage or property at the risk of the owner.
254.82 History
History: 1975 c. 413 s.
15; Stats. 1975 s. 50.82;
1991 a. 316;
1993 a. 27 s.
87; Stats. 1993 s. 254.82.
254.83
254.83
Hotel rates posted; rate charges; special rates. 254.83(1)(1) Every hotelkeeper shall keep posted in a conspicuous place in each sleeping room in his or her hotel, in type not smaller than 12-point, the rates per day for each occupant. Such rates shall not be changed until notice to that effect has been posted, in a similar manner, for 10 days previous to each change. Any hotelkeeper who fails to have the rates so posted or who charges, collects or receives for the use of any room a sum different from the authorized charge shall be fined not less than $50 nor more than $100. A hotelkeeper may permit a room to be occupied at the rate of a lower priced room when all of the lower priced rooms are taken and until one of them becomes unoccupied. Special rates may be made for the use of sleeping rooms, either by the week, month or for longer periods or for use by families or other collective groups. The department or its representatives may enforce the posting of rates as provided in this subsection.
254.83(2)(a)(a) A hotelkeeper shall post, in each sleeping room in the hotel with a telephone, a notice of any fee imposed by the hotelkeeper for using the telephone.
254.83(2)(b)
(b) The notice required under
par. (a) shall be all of the following:
254.83(2)(b)2.
2. Conspicuously posted on the telephone or within 3 feet of the telephone's normal location.
254.83(2)(c)
(c) The department or its agents may inspect hotels to ensure compliance with
pars. (a) and
(b).
254.83(2)(d)
(d) A hotelkeeper who fails to post the notice required under
par. (a) or who posts an inaccurate notice shall be fined not less than $50 nor more than $100.
254.83 History
History: 1975 c. 413 s.
15; Stats. 1975 s. 50.84;
1989 a. 31;
1993 a. 27 s.
89; Stats. 1993 s. 254.83.
254.84(1)(a)(a) "Operator" includes a manager or any person in charge of the operation of motels and like establishments. "Operator" or "owner" includes natural persons, firms and corporations.
254.84(1)(b)
(b) "Outdoor sign" or "outside sign" means any sign visible to passersby, regardless of whether the sign is located in or outside of buildings.
254.84(1)(c)
(c) "Room rates" means the rates at which rooms or other accommodations are rented to occupants.
254.84(2)
(2) Rental posted. No owner or operator of any establishment that is held out as a motel, motor court, tourist cabin or like accommodation may post or maintain posted on any outdoor or outside advertising sign for the establishment rates for accommodations in the establishment unless the sign has posted on it both the minimum and maximum room or other rental unit rates for accommodations offered for rental. All posted rates and descriptive data required by this section shall be in type and material of the same size and prominence as the minimum and maximum room or other rental unit rates. Signs that only state the rate per person or bear the legend "and up" do not comply with the requirements of this subsection.
254.84(3)
(3) Accommodations must exist. No owner or operator of any motel, motor court, tourist cabin or like accommodation may post or maintain posted on outdoor or outside advertising signs rates for accommodations in the establishment unless there is available, when vacant, accommodations in the establishment for immediate occupancy to meet the posted rates on the advertising signs.
254.84(4)
(4) Misrepresentation. No owner or operator of any motel, motor court, tourist cabin or like accommodation may post or maintain outdoor or outside advertising signs in connection with the establishment relating to rates which have any untrue, misleading, false, or fraudulent representations.
254.84(5)
(5) Construction. Nothing in this section may be construed to require establishments 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.
254.84(6)
(6) Penalty. Whoever violates this section shall be fined not more than $300 or imprisoned not more than 6 months or both.
254.84 History
History: 1975 c. 413 s.
15; Stats. 1975 s. 50.85;
1983 a. 189;
1993 a. 27 s.
90; Stats. 1993 s. 254.84.
254.85(1)(1) The department may enter, at reasonable hours, any premises for which a permit is required under this subchapter or
s. 254.47 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. 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 or rules promulgated by the department under this subchapter or
s. 254.47.
254.85(2)(a)(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, 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 may order the cessation of all operations authorized by the permit 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.
254.85(2)(b)
(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, 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.
