254.71(6)(c)
(c) Establishing procedures for issuance, except as provided in
s. 250.041, 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;
1997 a. 27,
191.
254.71 Cross-reference
Cross-reference: See also ch.
DHS 196, Wis. adm. code.
254.715
254.715
Restaurants serving fish. 254.715(1)
(1) A restaurant or temporary restaurant may serve fish taken from the wild to the individual who caught the fish, or to his or her guests, without obtaining a permit under
s. 29.541 (1) (b) if all of the following conditions are satisfied:
254.715(1)(b)
(b) While the fish are at the restaurant and before the fish are prepared for eating, they are stored in a cooler, which may be a portable cooler, that does not contain any other food.
254.715(1)(c)
(c) The area where the fish are prepared for eating is washed and sanitized before and after preparation of the fish.
254.715(1)(d)
(d) All items used to prepare and serve the fish are washed in a dishwasher after such use.
254.715(2)
(2) A restaurant or temporary restaurant may make a pecuniary profit from preparing and serving fish as provided under
sub. (1).
254.715 History
History: 2007 a. 20.
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.
254.72 Cross-reference
Cross-reference: See also chs.
DHS 195,
196,
197, and
198, Wis. adm. code.
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 employees 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)(am)
(am) Promulgate rules, in consultation with the department of commerce, 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.
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 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(1g)
(1g) The department shall inspect hotels, tourist rooming houses, and bed and breakfast establishments to ensure compliance with
s. 101.149 (2) and
(3).
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).
254.74(1p)(a)(a) The department may grant the holder of a permit for a bed and breakfast establishment a waiver from the requirement specified under
s. 254.61 (1) (b) to allow the holder of a permit for a bed and breakfast establishment to serve breakfast to other tourists or transients if all of the following conditions are met:
254.74(1p)(a)1.
1. The department determines that the public health, safety or welfare would not be jeopardized.
254.74(1p)(a)2.
2. The other tourists or transients are provided sleeping accommodations in a tourist rooming house for which the permit holder for the bed and breakfast establishment is the permit holder.
254.74(1p)(a)3.
3. The tourist rooming house is located on the same property as the bed and breakfast establishment or on property contiguous to the property on which the bed and breakfast establishment is located.
254.74(1p)(a)4.
4. The number of rooms offered for rent in the bed and breakfast establishment combined with the number of rooms offered for rent in the tourist rooming house does not exceed 8.
254.74(1p)(a)5.
5. The number of tourists or transients who are provided sleeping accommodations in the bed and breakfast establishment combined with the number of tourists or transients who are provided sleeping accommodations in the tourist rooming house does not exceed 20.
254.74(1p)(b)
(b) A waiver granted under
par. (a) is valid for the period of validity of a permit that is issued for the bed and breakfast establishment under
s. 254.64 (1) (b).
254.74 Cross-reference
Cross-reference: See also chs.
DHS 195,
196,
197, and
198, Wis. adm. code.
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
Notwithstanding the 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.
