ATCP 72.04(5)(c) (c) The department or its agent may refuse to issue or renew a license to operate a hotel, motel or tourist rooming house under any of the following circumstances:

ATCP 72.04(5)(c)1. 1. The department or its agent has not conducted a preinspection of a hotel, motel, or tourist rooming house for which an initial or new license is required under sub. (1).

ATCP 72.04(5)(c)2. 2. The operator of a hotel, motel, or tourist rooming house has not corrected a condition for which the department or agent has issued a written a health or safety–related order.

ATCP 72.04(5)(c)3. 3. All applicable fees under s. ATCP 72.05 have not been paid, including the license fee, preinspection fee, reinspection fee, or other applicable fees.

ATCP 72.04(5)(c)4. 4. The operator has modified, repaired or maintained the hotel, motel, or tourist rooming house in a manner that is not in accordance with what the department recognizes as safe practice as outlined in this chapter.

ATCP 72.04(5)(c)5. 5. The operator, applicant, or license holder has failed to provide the department or its agent with information required under sub. (4).

ATCP 72.04(5)(c)6. 6. The operator or applicant has violated ch. 97, Stats., this chapter, or any order, ordinance, or regulation created by a village, city, county, or local board of health having jurisdiction, provided such violation is related to the operation of the hotel, motel, or tourist rooming house.

ATCP 72.04(5)(d) (d) If the department or its agent denies an application for a license, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights under s. ATCP 72.08.

ATCP 72.04(6) (6) Voided license for failure to pay fees. If an applicant or operator fails to pay all applicable fees, late fees and processing charges under s. ATCP 72.05 within 15 days after the applicant or operator receives notice of an insufficiency under s. ATCP 72.05, or within 45 days after the expiration of the license, whichever occurs first, the license is void. An operator whose license is voided under this subsection may appeal the decision under s. ATCP 72.08. In an appeal concerning a voided license under this subsection, the burden is on the license applicant or operator to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the hotel, motel, or tourist rooming house is deemed to be operation without a license and is subject to the fees under s. ATCP 72.05 (2) (e) in addition to the fees otherwise due, unless the applicant or operator meets its burden of proof under this subsection.

ATCP 72.04(7) (7) License posting. A current license issued by the department shall be posted in a place visible to the public. A license may not be altered or defaced.

ATCP 72.04 History History: Cr. Register, June, 1985, No. 354, eff. 7-1-85; emerg. am. (1), cr. (1m), eff. 9-1-94; am. (1), cr. (1m), Register, January, 1995, No. 469, eff. 2-1-95; emerg. r. (1m) (a) 2., renum. (1m) (a) 3. and am., am. (1m) (b) to (d), eff. 7-1-96; r. (1m) (a) 2., renum. (1m) (a) 3. to be (1m) (a) 2. and am., am. (1m) (b) to (d), Register, January, 1997, No. 493, eff. 2-1-97; am. (1m) (a) to (c), (1m) (d) 1., renum. (1m) (d) 1., cr. (1m) (d) 1. a. to c., 2. and (3), Register, August, 1998, No. 512, eff. 9-1-98; CR 01-016: am. (1m) (a) 2., (d) 1., r. (1m) (e) Register May 2002 No. 557, eff. 6-1-02; CR 08-073: renum. from HFS 195.04, r. and recr. Register January 2009 No. 637, eff. 2-1-09; corrections in (4) (b) and (6) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; renum. from DHS 195.04 Register June 2016 No. 726; correction in (1) (a), (3), (4) (a) 1., (b), (5) (b), (c) 3., 6., (d), (6) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-019: am. (1), (2), (3), (4) (title), (a) (intro.), (b), (5) (title), (a), (b), (c) (intro.), 1., 3., (d), (6), (7) Register January 2020 No. 769, eff. 2-1-20; corrections in (4) (b), (5) (c) 5. made under s. 35.17, Stats., Register January 2020 No. 769; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806.

ATCP 72.05 ATCP 72.05 Department fees.

ATCP 72.05(1) (1) Fee schedules. The fees listed in Table ATCP 72.05 A shall apply to licenses issued from April 1, 2009 through March 31, 2011. The fees listed in Table ATCP 72.05 B shall apply to licenses issued on or after April 1, 2011.

ATCP 72.05(2) (2) Types of fees.

ATCP 72.05(2)(a) (a) Preinspection fee. The operator of a hotel, motel or tourist rooming house shall, pursuant to sub. (1), pay the applicable preinspection fee listed in Table ATCP 72.05 A or B to the department before an initial or new license is issued under s. ATCP 72.04.

ATCP 72.05(2)(b) (b) License fee. The operator of a hotel, motel, or tourist rooming house shall, pursuant to sub. (1), pay the applicable license fee listed in Table ATCP 72.05 A or B to the department for each hotel, motel, or tourist rooming house that the operator applies for a license to operate under s. ATCP 72.04 (1) or (2).

ATCP 72.05(2)(c) (c) Late fee. If the license fee for a license renewal is not paid before the expiration date of the license, the operator of the hotel, motel, or tourist rooming house shall pay to the department a late fee of $85.00 in addition to the renewal license fee.

ATCP 72.05(2)(d) (d) Reinspection fee. If the department conducts a reinspection of a hotel, motel, or tourist rooming house under s. ATCP 72.06 (1) (b), the operator shall, pursuant to sub. (1), pay to the department the applicable reinspection fee listed in Table ATCP 72.05 A or B. The department shall assess an additional reinspection fee as listed in Table ATCP 72.05 A or B, whichever is applicable, for any additional reinspection conducted under s. ATCP 72.06 (1) (b) 4.

ATCP 72.05(2)(e) (e) Fees for operating without a license. Any hotel, motel, or tourist rooming house found to be operating without a license shall pay to the department an amount of $749.00, in addition to all applicable fees and any processing charges under s. ATCP 72.04 (6).

ATCP 72.05 Note Note: Anyone operating a hotel, motel, or tourist rooming house without a license is also subject to a fine of not less than $100 nor more than $1,000 under s. 97.72, Stats.

ATCP 72.05(2)(f) (f) Duplicate license. The department shall charge the operator of a hotel, motel, or tourist rooming house $15 for a duplicate license.

ATCP 72.05(2)(g) (g) Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department’s licensing responsibilities, the department shall charge the operator or the entity requesting the inspection or consultation $175.00.

ATCP 72.05(3) (3) Method of payment. If the payment for an initial or renewal license is by check or other draft drawn upon an account containing insufficient funds, the applicant or operator shall, within 15 days after receipt of notice from the department of the insufficiency, pay all applicable fees under sub. (1) and the financial institution’s processing charges by cashier’s check or other certified draft, money order, or cash.

- See PDF for table

- See PDF for table

ATCP 72.05 History History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 195.05 Register June 2016 No. 726; correction in (1), (2) (a), (b), (d), (e), Tables A, B made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-019: am. (1), (2) (a) to (c), (e) to (g), (3) Register January 2020 No. 769, eff. 2-1-20.

ATCP 72.06 ATCP 72.06 Enforcement.

ATCP 72.06(1) (1) Inspections and access to the premises.

ATCP 72.06(1)(a) (a) Inspections. Under ss. 97.615 (2) and 97.65 (1), Stats., an authorized employee or agent of the department, upon presenting proper identification, may enter any hotel, motel or tourist rooming house at any reasonable time, for any of the following purposes: