254.595(3)(a)(a) Any receiver appointed under
sub. (2) shall collect all rents and profits accruing from the property, pay all costs of management, including all general and special real estate taxes or assessments and interest payments on first mortgages on the property, and make any repairs necessary to meet the standards required by the building code or the order or regulation of the local board of health. The receiver may, with the approval of the circuit court, borrow money against and encumber the property as security for the money, in the amounts necessary to meet the standards.
254.595(3)(b)
(b) At the request of and with the approval of the owner, the receiver may sell the property at a price equal to at least the appraisal value plus the cost of any repairs made under this section for which the selling owner is or will become liable. The receiver shall apply moneys received from the sale of the property to pay all debts due on the property in the order set by law, and shall pay over any balance with the approval of the court, to the selling owner.
254.595(4)
(4) The receiver appointed under this section shall have a lien, for the expenses necessarily incurred to abate the nuisance or in the execution of the order, upon the premises upon or in respect of which the work required by the order has been done or expenses incurred. The municipality that sought the order declaring the property to be a nuisance or human health hazard may also recover its expenses and the expenses of the receiver under
subs. (3) (a) and
(5), to the extent that the expenses are not reimbursed under
s. 632.103 (2) from funds withheld from an insurance settlement, by maintaining an action against the property owner under
s. 74.53.
254.595(5)
(5) The court shall set the fees and bond of the receiver, and may discharge the receiver when the court deems appropriate.
254.595(6)
(6) Nothing in this section relieves the owner of any property for which a receiver has been appointed from any civil or criminal responsibility or liability otherwise imposed by law, except that the receiver shall be civilly and criminally responsible and liable for all matters and acts directly under his or her authority or performed by him or her or at his or her direction.
254.595(7)
(7) This section shall not apply to owner-occupied one or 2-family dwellings.
254.595(8)
(8) The commencement of an action by a tenant under this section is not just cause for eviction.
254.595 History
History: 1973 c. 306; Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.22;
1983 a. 476;
1987 a. 378;
1989 a. 347;
1993 a. 27 s.
493; Stats. 1993 s. 254.595;
2001 a. 86.
254.595 Annotation
In an action alleging a public nuisance, it was sufficient to allege that the defendants knowingly caused the lowering of the ground water table from which the area residents drew water from private wells, which caused numerous citizens great hardship. State v. Michels Pipeline Construction, Inc.
63 Wis. 2d 278,
217 N.W.2d 339,
219 N.W.2d 308 (1974).
LODGING AND FOOD PROTECTION
254.61
254.61
Definitions. In this subchapter:
254.61(1)
(1) "Bed and breakfast establishment" means any place of lodging that satisfies all of the following:
254.61(1)(a)
(a) Provides 8 or fewer rooms for rent to no more than a total of 20 tourists or transients.
254.61(1)(b)
(b) Provides no meals other than breakfast and provides the breakfast only to renters of the place.
254.61(1)(d)
(d) Is occupied by the owner at the time of rental.
254.61(1)(e)
(e) Was originally built and occupied as a single-family residence, or, prior to use as a place of lodging, was converted to use and occupied as a single-family residence.
254.61(2)
(2) "Establishment" means a hotel, tourist rooming house, bed and breakfast establishment, restaurant, temporary restaurant or vending machine commissary.
254.61(3)
(3) "Hotel" means all places wherein sleeping accommodations are offered for pay to transients, in 5 or more rooms, and all places used in connection therewith. "Hotelkeeper", "motelkeeper" and "innkeeper" are synonymous and "inn", "motel" and "hotel" are synonymous.
254.61(3m)
(3m) "Potluck event" means an event to which all of the following apply:
254.61(3m)(a)
(a) Attendees of the event provide food and beverages to be shared with other attendees and consumed at the event.
254.61(3m)(b)
(b) No compensation is provided to any person who conducts or assists in providing the event or who provides food and beverages to be shared at the event, and no compensation is paid by any person for consumption of food or beverages at the event.
254.61(3m)(c)
(c) The event is sponsored by any of the following:
254.61(3m)(c)2.
2. A religious, fraternal, youth, or patriotic organization or service club.
254.61(4)
(4) "Public health and safety" means the highest degree of protection against infection, contagion or disease and freedom from the danger of fire or accident that can be reasonably maintained in the operation of a hotel, restaurant, tourist rooming house, bed and breakfast establishment, vending machine or vending machine commissary.
254.61(5)
(5) "Restaurant" means any building, room or place where meals are prepared or served or sold to transients or the general public, and all places used in connection with it and includes 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:
254.61(5)(a)
(a) Taverns that serve free lunches consisting of popcorn, cheese, crackers, pretzels, cold sausage, cured fish or bread and butter.
254.61(5)(b)
(b) Churches, religious, fraternal, youths' or patriotic organizations, service clubs and civic organizations which occasionally prepare, serve or sell meals to transients or the general public.
254.61(5)(c)
(c) Any public or private school lunchroom for which food service is directly provided by the school, or a private individual selling foods from a movable or temporary stand at public farm sales.
254.61(5)(d)
(d) Any bed and breakfast establishment that serves breakfasts only to its lodgers.
254.61(5)(e)
(e) The serving of food or beverage through a licensed vending machine.
254.61(5)(f)
(f) Any college campus, as defined in
s. 36.05 (6m), institution as defined in
s. 36.51 (1) (b) or technical college that serves meals only to the students enrolled in the college campus, institution or school or to authorized elderly persons under
s. 36.51 or
38.36.
254.61(5)(g)
(g) A concession stand at a locally sponsored sporting event, such as a little league game.
254.61(5m)
(5m) "Temporary restaurant" means a restaurant that operates at a fixed location in conjunction with a single event such as a fair, carnival, circus, public exhibition, anniversary sale or occasional sales promotion.
254.61(5r)
(5r) "Tourist or transient" means a person who travels from place to place away from his or her permanent residence for vacation, pleasure, recreation, culture, business or employment.
254.61(6)
(6) "Tourist rooming house" means any lodging place or tourist cabin or cottage where sleeping accommodations are offered for pay to tourists or transients. "Tourist rooming house" does not include:
254.61(6)(a)
(a) A private boarding or rooming house, ordinarily conducted as such, not accommodating tourists or transients.
254.61(7)
(7) "Vending machine" means any self-service device offered for public use which, upon insertion of a coin or token, or by other means, dispenses unit servings of food or beverage either in bulk or in package, without the necessity of replenishing the device between each vending operation. "Vending machine" does not include a device which dispenses only bottled, prepackaged or canned soft drinks, a one cent vending device, a vending machine dispensing only candy, gum, nuts, nut meats, cookies or crackers or a vending machine dispensing only prepackaged Grade A pasteurized milk or milk products.
254.61(8)
(8) "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.
254.61(9)
(9) "Vending machine location" means the room, enclosure, space or area where one or more vending machines are installed and operated.
254.61(10)
(10) "Vending machine operator" means the person maintaining a place of business in the state and responsible for the operation of one or more vending machines.
254.61 Annotation
A city health department may inspect and license public school lunchrooms pursuant to a specific ordinance even though s. 160.01 (3) [now sub. (5)] excludes public school lunchrooms from state regulation as restaurants. The authority in the department of public instruction under s. 115.33 to ensure a sanitary facility is not precluded by sub. (3). 65 Atty. Gen. 54.
254.62
254.62
Coordination; certification. 254.62(1)
(1) The department shall enter into memoranda of understanding with other state agencies to establish food protection measures.
254.62(2)
(2) The department shall promulgate rules that establish a food sanitation manager certification program.
254.62(3)
(3) The department shall accept relevant education, training, instruction, or other experience that an applicant has obtained in connection with military service, as defined in
s. 111.32 (12g), to count toward satisfying any education, training, instruction, or other experience requirement in the food sanitation manager certification program established under
sub. (2) if the applicant demonstrates to the satisfaction of the department that the education, training, instruction, or other experience that the applicant obtained in connection with his or her military service is substantially equivalent to the education, training, instruction, or other experience that is required to obtain an initial certificate under the food sanitation manager certification program.
254.62 History
History: 1993 a. 27;
2011 a. 120.
254.63
254.63
Motels. Upon the written request of the hotel operator made on forms furnished by the department, the department may classify a hotel as a "motel", if the operator of the hotel furnishes on-premises parking facilities for the motor vehicles of the hotel guests as a part of the room charge, without extra cost.
254.63 History
History: 1983 a. 203 ss.
3,
5;
1983 a. 538 s.
67;
1993 a. 27 s.
66; Stats. 1993 s. 254.63.
254.64(1)(a)
(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 by the department or by a local health department that is granted agent status under
s. 254.69 (2).
254.64(1)(b)
(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 from the department.
254.64(1)(c)
(c) Except as provided in
s. 250.041, no permit 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 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 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 is void. In an appeal concerning voiding of a permit under this paragraph, the burden is on the permit 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.
254.64(1)(d)
(d) If a person or establishment licensed under
ch. 97 is incidentally engaged in an activity for which a permit is required under this section, the department may, by rule, exempt the person or establishment from the permit 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.
254.64(1m)
(1m) No county, city, village or town may require any permit of, or impose any permit or inspection fee on, a vending machine operator, vending machine commissary or vending machine permitted under this subchapter.
254.64(1p)
(1p) Except as provided in
s. 250.041, the department may condition the initial issuance, renewal or continued validity of a permit issued under this section on correction by the permittee of a violation of this subchapter, rules promulgated by the department under this subchapter or ordinances or regulations adopted under
s. 254.69 (2) (g), within a specified period of time. If the permittee fails to meet the condition within the specified period of time, the permit is void.
254.64(2)
(2) Except as provided in
sub. (3), a separate permit is required for each establishment.
254.64(3)(a)(a) A bulk milk dispenser may be operated in a restaurant without a vending machine or vending machine operator permit.
254.64(3)(b)
(b) A restaurant may operate as a vending machine commissary without a vending machine commissary permit.
254.64(4)(a)2.
2. "Immediate family member" means a spouse, grandparent, parent, sibling, child, stepchild, or grandchild or the spouse of a grandparent, parent, sibling, child, stepchild, or grandchild.
254.64(4)(b)
(b) Except as provided in
par. (d) or
(e), no permit is transferable from one premises to another or from one person to another.
254.64(4)(d)
(d) The holder of a permit issued under this section may transfer the permit to an individual who is an immediate family member if the holder is transferring operation of the establishment or vending machine to the immediate family member.
254.64(4)(e)
(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 issued under this section for operation of an establishment to the newly formed business entity or sole proprietorship if the following conditions are satisfied:
254.64(4)(e)1.
1. The establishment remains at the location for which the permit was issued.
254.64(4)(e)2.
2. At least one individual who had an ownership interest in the sole proprietorship or business entity to which the permit was issued has an ownership interest in the newly formed sole proprietorship or business entity.
254.64(5)
(5) All permits expire on June 30, except that permits initially issued during the period beginning on April 1 and ending on June 30 expire on June 30 of the following year.
254.65(1)(1) The department or a local health department granted agent status under
s. 254.69 (2) may not grant a permit 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. This section does not apply to a temporary restaurant or when a permit is transferred under
s. 254.64 (4) (d) or
(e).
254.65(2)
(2) Agents designated by the department under
s. 254.69 (1) shall make preinspections of vending machine commissaries as required under this subsection and shall be reimbursed for those services at the rate of 80% of the preinspection fee designated in this subsection. Agents designated by the department under
s. 254.69 (2) shall make preinspections of hotels, restaurants and tourist rooming houses and establish and collect preinspection fees under
s. 254.69 (2) (d).
254.65 History
History: 1983 a. 203 ss.
10,
16,
19;
1983 a. 538;
1987 a. 27,
81;
1993 a. 27 s.
68; Stats. 1993 s. 254.65;
2005 a. 302.
254.66
254.66
Average annual surveys. The department or a local health department granted agent status under
s. 254.69 (2) shall annually make a number of inspections of restaurants in this state that shall equal the number of restaurants for which annual permits are issued under
s. 254.64 (1) (a).
254.66 History
History: 1987 a. 27;
1993 a. 27 s.
69; Stats. 1993 s. 254.66.
254.67
254.67
Vending machine commissary outside the state. Foods, beverages and ingredients from commissaries outside the state may be sold within the state if such commissaries conform to the provisions of the food establishment sanitation rules of this state or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the department may accept reports from the responsible authority in the jurisdiction where the commissaries are located.
