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.
254.80 Annotation
Notwithstandingthe hotelkeepers' liability laws, a hotel continues to have a duty to exercise reasonable care to protect its guests from injury at the hands of third persons who are not hotel employees, and to protect a guest who is subjected to a criminal act during the process of checking in. As the provisions for notice and a safe are no longer useful for a guest who has checked out, they cannot help a guest who has not even penetrated the interior of his room and had a chance to use them. H.K. Mallak, Inc. v. Fairfield FMC Corp.
209 F.3d 960 (2000).
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.
254.85(2)(c)
(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, 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.
254.85(3)
(3) A notice issued under
sub. (2) (c) shall be accompanied by a statement which informs the permittee, 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 only if a more limited order will not remove the immediate danger to health.
254.85(4)
(4) A proceeding under this section, or the issuance of a permit for the premises after notification of procedures under this section, does not constitute a waiver by the department of its authority to rely on a violation of this subchapter,
s. 254.47 or any rule promulgated under this subchapter or
s. 254.47 as the basis for any subsequent suspension or revocation of the permit or any other enforcement action arising out of the violation.
254.85(5)(a)(a) Except as provided in
par. (b), any person who violates this section or an order issued under this section may be fined not more than $10,000 plus the retail value of any food moved, sold or disposed of in violation of this section or the order, or imprisoned not more than one year in the county jail, or both.
254.85(5)(b)
(b) Any person who does either of the following may be fined not more than $5,000 or imprisoned not more than one year in a county jail, or both:
254.85(5)(b)1.
1. Assaults, restrains, threatens, intimidates, impedes, interferes with or otherwise obstructs a department inspector, employee or agent in the performance of his or her duties under this section.
254.85(5)(b)2.
2. Gives false information to a department inspector, employee or agent engaged in the performance of his or her duties under this section, with the intent to mislead the inspector, employee or agent.
254.85 History
History: 1983 a. 203;
1985 a. 182 s.
57;
1985 a. 332 s.
251 (1);
1987 a. 307;
1993 a. 27 s.
78; Stats. 1993 s. 254.85.
254.86
254.86
Suspension or revocation of permit. The department or a local health department designated as an agent under
s. 254.69 (2) may refuse or withhold issuance of a permit or may suspend or revoke a permit for violation of this subchapter or any rule or order of the department of health and family services, ordinance of the village, city or county or regulation of the local board of health.
254.86 History
History: 1975 c. 413 s.
14; Stats. 1975 s. 50.70;
1983 a. 203;
1987 a. 27;
1993 a. 27 s.
83; Stats. 1993 s. 254.86;
1995 a. 27 s.
9126 (19).
254.87
254.87
Court review. Orders of the department shall be subject to review in the manner provided in
ch. 227.
254.87 History
History: 1975 c. 413 s.
14; Stats. 1975 s. 50.71;
1993 a. 27 s.
84; Stats. 1993 s. 254.87.
254.88
254.88
Penalty. Anyone who violates this subchapter, except
s. 254.83,
254.84 or
254.85, or any rule of the department promulgated under this subchapter shall be fined not less than $100 nor more than $1,000. Anyone who fails to comply with an order of the department under this subchapter except
s. 254.85 shall forfeit $50 for each day of noncompliance after the order is served upon or directed to him or her, and in case of action under
s. 254.87, after lapse of a reasonable time after final determination.
254.88 History
History: 1975 c. 413 ss.
13,
18; Stats. 1975 s. 50.59;
1983 a. 203;
1985 a. 332 s.
251 (1);
1989 a. 31;
1993 a. 27 s.
80; Stats. 1993 s. 254.88.
DAIRY OPERATIONS
254.89
254.89
Certification of Grade A dairy operations. The department shall conduct evaluation surveys of grade A dairy operations in this state to the extent necessary to certify to the federal food and drug administration, out-of-state markets, the department of agriculture, trade and consumer protection, the federal public health service, and local health departments, the compliance rating of the grade A dairy operations based upon the sanitation and enforcement requirements of the grade A pasteurized milk ordinance of the federal public health service and its related documents. The department may promulgate rules establishing fees which may be charged to dairy plants to fund these activities.
254.89 History
History: 1977 c. 29 s.
1650m (4);
1987 a. 27;
1993 a. 27 s.
374; Stats. 1993 s. 254.89.
INVESTIGATIONS OF THE SALE OR
GIFT OF CIGARETTES OR
TOBACCO PRODUCTS TO MINORS
254.911
254.911
Definitions. In this subchapter:
254.911(2)
(2) "Governmental regulatory authority" means the department; the local health department, state agency or law enforcement agency with which the department contracts under
s. 254.916 (1) (a); or the person with whom the local health department, state agency or law enforcement agency contracts under
s. 254.916 (1) (a).
254.911(5)
(5) "Retail outlet" means a place of business from which cigarettes or tobacco products are sold at retail to consumers.
254.911(8)
(8) "Tobacco vending machine" is any mechanical device that automatically dispenses cigarettes or tobacco products when money or tokens are deposited in the device in payment for the cigarettes or tobacco products.
254.911(9)
(9) "Tobacco vending machine operator" means a person who acquires tobacco products or stamped cigarettes from manufacturers, as defined in
s. 134.66 (1) (e), or permittees, stores them and sells them through the medium of tobacco vending machines that he or she owns, operates or services and that are located on premises that are owned or under the control of other persons.
254.911(10)
(10) "Tobacco vending machine premises" means any area in which a tobacco vending machine is located.
254.911 History
History: 1999 a. 9.
254.916
254.916
Department; authority. 254.916(1)(a)(a) In the administration of this subchapter, the department may contract with local health departments, as agents of the department, with a state agency or with law enforcement agencies of the state, or of a county, city, village or town, to cause unannounced investigations to be conducted at least annually at retail outlets, including sites of tobacco vending machines, to survey overall levels of compliance with
s. 134.66 (2) (a) and
(am). A person with whom the department contracts under this paragraph may contract with another person to conduct the investigations. Except any survey conducted under
21 CFR part 897, the survey under this subsection shall cover a range of retail outlets that are not preselected on the basis of prior violations, in order to measure overall levels of compliance as well as to identify violations. The survey shall be conducted so as to provide a sample of retail outlets that reflects the distribution of minors throughout the state and the distribution of the retail outlets throughout the state where minors are likely to attempt to purchase cigarettes. The survey shall include all types of retail outlets that are required to comply with
s. 134.66 (2) (a) and
(am). The department shall use statistically sound sampling techniques in designing the annual surveys so as to measure overall levels of compliance and shall stratify the sample so as to measure compliance by type of retail outlet, including a private place of business other than a retail establishment.
254.916(1)(b)
(b) The department, in consultation with retailers and governmental regulatory authorities, shall establish standards for procedures and training for conducting investigations under this section.
254.916(1)(c)
(c) No retailer may be subject to unannounced investigations more than twice annually unless the retailer is found to have violated
s. 134.66 (2) (a) or
(am) during each investigation.
254.916(2)
(2) With the permission of his or her parent or guardian, a person under 18 years of age, but not under 15 years of age, may buy, attempt to buy or possess any cigarette or tobacco product if all of the following are true:
254.916(2)(a)
(a) The person commits the act for the purpose of conducting an investigation under this section.
